V0AW; 


m 


wim&wu 


/Tn^. 


lna ii >j u rated  Governor ol'  Rhode  Island 
Mav    Si  1842. 


MIGHT  AND  EIGHT; 


BY 


A  RHODE  ISLANDER. 


"  None  can  love  Freedom  heartily,  but  good  men  ;  the  rest  love  not 
Freedom,  but  license,  which  never  hath  more  scope,  or  more  indulgence, 
than  under  TYRANTS." Milton. 


PROVIDENCE : . 
A.  H.  STILLWELL. 

1844. 


Entered  according  to  Act  of  Congress,  in  the  year  1844, 

BY  W.  L.  LEGG. 

in  the  Clerk's  Office  of  the  District  Court  of  Rhode  Island. 


B.  F.  MOORE,  Printer,  Providence. 


F<& 


TO 

THOMAS  WILSON  DORR, 

The  true  and  tried  Patriot,  the  fearless  De- 
fender of  Human  Rights,  this  work  is  respect- 
fully inscribed  by  the 

The  Author. 


CONTENTS 


PAGE. 

Introductory  Chapter,  -         -         -  13 

CHAPTER  II. 

The  Charter,  2?' 

CHAPTER  III. 

Grounds  of  Complaint,  ■?  39 

CHAPTER  IV, 
The  Rise  and  Progress  of  the   Suffrage 
Movement,  -         -  ■»         »  56 

CHAPTER  V. 

Mass  Conventions,  -_,,-.  73 

CHAPTER  VI. 

The  People's  Constitution,  -         -   "      92 

CHAPTER  VII. 

The  Right  of  Change,  -         -  115 

CHAPTER  VIII. 

The  Landholders'  Constitution,  -       155 

CHAPTER  IX. 

it 
The  Algerine  Laws,      -  172 


VI  '        CONTENTS. 

CHAPTER  XI. 
The  Judges, 191 

CHAPTER  XII. 

The  Two  Elections,     -  214 

CHAPTER  XIII. 

Resignations.  -  236 

CHAPTER  XIV. 
Martial  Law, 257 

CHAPTER  XV. 

The  Prisoners,       -  •   -         -         -       267 

CHAPTER  XVI. 

Outlines  of  History,     -         -         -         -       288 


PREFACE. 


Not  as  an  advocate  of  the  Free  Suffrage  Party, 
as  such,  do  I  present  myself  before  the  public ;  for 
between  them  and  me,  there  are  some  radical  points 
of  difference  in  opinion  and  in  principle,  which 
would  not  permit  me  to  do  so.  But  I  stand  forth, 
as  an  Expositor  of  truth,  and,  in  that  character,  as 
the  vindicator  of  men,  who,  acting  under  a  strong 
sense  of  duty  and  of  right,  have  yet  suffered 
wrongs,  which,  if  we  rightly  consider  their  char- 
acter, and  the  circumstances  in  which  they  were 
placed,  put  to  shame  the  tyranny  of  the  most  des- 
potic government,  and  the  oppression  of  the  dark- 
est times.  I  know  that  a  prejudice,  wide  as  the 
dominion  of  wealth,  strong  and  deep  as  his  iron 
coffers,  and  cold  as  the  coin  that  clanks  within 
them,  exists  against  this  people  ;  and,  also,  that, 
in  disapprobation  of  certain  points  of  their  course, 
some  of  the  higher  and  purer  spirits  have  turned 
aside  ;  and,  moreover,  that  many  who  avow  them- 


Vlll  PREFACE. 

selves  the  Friends  of  Liberty,  have  even  joined 
hands  with  the  Oppressor ;  yet,  nevertheless,  I  will 
always  sustain  their  right  to  be  heard,  before  they 
are  condemned ;  and  if  there  is  one  spark  of  hon- 
esty in  the  land,  one  single  ray  of  real  freedom,  I 
fear  not  the  result. 

There  are  those,  I  am  well  aware,  who  will 
meet  me,  even  here,  on  the  very  threshold  of  my 
Enterprise,  with  the  assertion  that  the  Free  Suf- 
frage Party  acted  wrong  —  some  making  one  ob- 
jection to  their  course,  others,  another.  To  such 
I  will  say,  must  we  wait  till  down-trodden  and 
crushed  Humanity  is  perfect,  before  we  go  forth  to 
labor  in  its  behalf?  Must  the  violated  and  prostrate 
slave  become  a  model  of  all  that  is  lovely  and  great 
in  man,  before  we  extend  to  him  a  helping  hand, 
or  breathe  into  his  wounded  bosom  a  word  of  pity, 
or  of  hope  ?  Then  there  would  be  no  friends  of 
liberty  —  no  advocates  of  Human  Rights,  any- 
where. The  hand  that  is  stretched  forth  to  help 
the  persecuted,  would  be  paralyzed  in  the  very 
act  —  the  generous  bosom  of  Sympathy  would 
learn  to  throb  according  to  the  dictates  of  artificial 
rules,  and  the  great  heart  of  Philanthropy,  itself, 
would  become  calloused  in  complete  selfishness. 
It  is  not  incumbent  upon  me,  then,  before  I  labor 
in  behalf  of  the  men,  to  prove  —  what  was  never 


PEEFACE.  IX 

proved  of  any  great  body  —  that  they  were,  col- 
lectively and  individually,  all  good  men  and  true  ; 
or  that  they,  even,  always  acted  from  right  princi- 
ples, or  with  right  feelings.  It  merely  rests  upon 
me  to  show  that,  while  they  occupied  the  same  po- 
sition with  the  Heroes  of  '76,  they  have  been 
branded  by  every  degrading  epithet,  and  persecut- 
ed, and  slandered,  to  that  degree  which  Human 
Nature,  when  it  knows  itself — nay,  when  it  be- 
gins to  have  the  faintest  suspicion  of  its  power  — 
cannot,  and  will  not,  and  should  not,  long  endure. 
It  is  true  the  dominant  Party  have  spoken  by  the 
mouth  of  all  their  oracles,  and  called  the  Rhode 
Island  Patriots,  rebels;  while  the  people  in  the 
neighboring  States,  being  in  many,  if  not  in  most 
cases,  content  to  act  the  part  of  echoes,  have,  for 
months,  risen  in  the  morning,  quaffed  their  coffee, 
read  the  papers,  dined,  supped,  and  gone  to  bed 
again,  to  dream,  very  probably,  how  free  they  are  ; 
they  have  done  all  this,  in  altogether  comfortable 
ignorance  of  what  their  neighbors  in  this  ancient 
colony  of  "  The  Plantations,"  were  doing  and 
suffering.  In  simplest  phrase,  then,  I  have  but  to 
show  that  the  men  I  represent  are  injured  men ; 
and  the  sympathy  of  their  fellow-countrymen  will, 
I  doubt  not,  be  enlisted  in  their  favor ;  for  the 


X  PRFFACE* 

People  have  hearts,  though  Politicians,  and  Legis- 
lators, may  not  have. 

Believing  in  the  unity  of  Human  Rights  —  the 
unity  of  Freedom  — *  we  can  see  that  the  injury  of 
any  member,  is  the  injury  of  the  whole  body,  and 
wrong  towards  any  part  is  wrong  towards  the 
whole*  It'  becomes,  then,  the  bounden  duty  of 
him  who  labors  in  the  cause  of  man,  to  neglect  no 
sufferers  about  him  who  wear  the  human  form, 
even  though  their  creeds,  both  political  and  moral, 
may  differ  from  his  own.  And  to  all  others,  who 
have  no  conscience  to  bear  upon  the  question,  it 
should  become  a  matter  of  policy  — -  of  downright 
selfishness.  Let  them  look  to  it,  when  Human 
Rights  are  trodden  under  foot>  that  their  own  are 
not  injured,  or  even  crushed  amid  the  common 
wreck. 

I  will,  then,  place  the  Free  Suffrage  Party  of 
Rhode  Island,  on  the  same  platform  with  the  ca- 
nonised Fathers  of  the  Revolution  ;  for  there,  only, 
can  they  occupy  their  true  position  ■ —  there,  only, 
can  they  be  seen  in  their  true  light  -—  there,  only, 
can  they  hope  to  receive  justice.  Nor  will  they 
all  stand  like  dwarfs  in  the  presence  of  those  great 
Shades  ;  but  as  true  sons,  and  rightful  heirs  of  the 
noblest  legacy  that  man  ever  bequeathed  to  man. 
I  set  before  you  their  history  ;  and,  in  the  name  of 


PREFACE.  XI 

insulted  Truth,  and  violated  Justice,  demand  a 
candid  hearing.  They  ask  for  nothing  more. 
And  shall  this  demand  be  in  vain  ?  Speak,  good 
men  and  true,  if  there  be  any  in  Rhode  Island  who 
dare  to  do  so  !  In  Rhode  Island,  where  Honesty 
is  starved,  and  only  the  miserable  panders  of  Place 
and  Power  —  the  poor  excrescences  of  a  time-worn 
Aristocracy  —  can  show  a  well-fed  front.  Speak, 
old  Massachusetts,  our  elder-brother-land  !  Send  us 
a  God-speed,  that  shall  echo  from  your  northern 
battlements  to  the  hallowed  Rock  of  Plymouth ! 
Give  us  one  word  of  good  cheer,  Connecticut,  our 
comely  and  right-minded  sister  !  Show  us  that  a 
Heart  is  throbbing  beneath  that  sober  girdle  —  ay, 
and  a  Soul,  too,  ready  to  kindle  at  the  tale  of 
wrong !  The  granite  cliffs  of  New  Hampshire 
never  refused  an  echo  when  the  oppressed  cried  for 
help !  They  will  speak  for  us.  And  even  Green- 
mantled  Vermont  will  blush  in  shame,  that  she 
beheld  our  sufferings  unmoved.  Her  mountain- 
heart  will  beat  again,  true  to  herself,  and  the  Free 
Thought  that  surrounds  her  like  a  native  element ; 
and  she  will  more  than  make  amends  for  her  former 
coldness.  Maine  will  send  us  a  cheer  on  the  free 
billows  that  chafe  her  coasts  ;  and  the  eloquence  of 
her  orators,  and  the  song  of  her  noblest  poet,  will 
be  an  —  nealed  in  our  behalf.     New  York  will 


Xii  PREFACE. 

send  our  call  abroad,  with  the  high  authority  of  the 
Empire  State,  and  whisper  it  to  the  gentle  sister 
she  embraces ;  and  even  the  Land  of  Penn  will  be 
"  moved  in  the  spirit,"  to  hear,  and  to  help  us. 
Ohio  will  catch  our  Appeal  from  the  banks  of  her 
own  beautiful  River,  and  bear  it  westward,  until, 
from  the  children  of  the  distant  prairies,  shall  come 
a  widely-echoing  response  ;  and  no  free  Wind  shall 
return  to  us  with  our  call  unanswered. 


MIGHT  AND    RIGHT, 


INTRODUCTORY  CHAPTER. 

It  will  at  once  be  seen  by  the  style  of  the  fol- 
lowing Narrative  of  events,  during  the  momentous 
season,  when  the  friends  of  Liberty  were  struggling 
for  their  own,  and  the  people's  rights  in  Rhode 
Island  —  that  the  Work  has  been  penned  by  another 
hand  than  was  expected.  Ill  health  and  domestic 
engagements  have  combined  to  prevent  that  person 
from  performing  the  task  ;  but,  in  her  opinion,  the 
public  will  not  lose  by  the  exchange.  The  person 
who  writes  this  Work,  brings  a  warm  heart,  and 
powerful  intellect  into  the  field,  and  will,  doubtless, 
do  justice  to  the  subject.  She  has,  however,  with 
much  courtesy,  delegated  to  another  the  office  of  de- 
lineating the  character  of  Society  in  Rhode  Island, 
prior  to,  and  at  the  time  of,  the  great  political  contest 
she  is  commemorating. 

The  writer  of  this  Introduction,  has  been  long 
aware  that  people  abroad,  labor  under  the  grossest 
mistake,  with  respect  to  those  who  are  the  characters 
that  compose  the  principal  part  and  make  the  princi- 
cal  figure  among  the  Aristocracy  of  Rhode  Island  ; 
who,  it  is  known,  are  the  sworn  foes  to  Free  Suf- 
frage ;  and,  indeed,  to  liberty  in  every  form,  and  every 
where.  People  of  other  States,  even  while  they  de- 
spise the  pride  of  descent,  which  they  suppose  has 
impelled  them  to  grasp  all  power,  and  trample  upon 
the  rights  of  unendowed  fellow-citizens,  have  yet 
2 


14  MIGHT    AND    RIGHT. 

felt  a  degree  of  commisseration,  from  the  supposed 
hardship  of  depriving  the  families  of  the  first  settlers 
of  honors  and  emoluments  they  and  their  families 
had  been  always  accustomed  to,  and  admitting  a  set 
of  interlopers  (denominated  "  the  rabble,  the  lower 
orders,  the  tag  rag,"  &c.  of  Society.)  to  come  in  and 
share  their  inheritance  —  who  had  not,  like  theii 
ancestors,  borne  the  burden  and  heat  of  the  day. 
Now  persons  who  understand  the  matter  in  this  light, 
may  hoard  their  sympathies  for  another  occasion. 
There  is  not  a  jot  or  tittle  of  truth  in  the  supposi- 
tion :  the  families  of  the  first  settlers,  the  original 
owners  of  the  soil,  (honored  be  their  names)  are,  for 
the  most  part,  a  different  set  of  people  ;  and,  with  a 
few  disgraceful  exceptions,  are  uniformly  favorable 
to  the  freedom  of  the  Elective  Franchise.  They 
are  Democrats  of  the  old  school,  intelligent,  liberal- 
minded  men,  who,  estimating  the  blessings  of  Lib- 
erty and  Independence,  are  willing  all  should  enjoy 
them.  With  them  originated  the  first  objections  to 
the  laws  of  primogeniture  ;  and,  as  will  be  shown 
here,  were  among  the  number  of  those,  who  have  at 
various  times  made  efforts  to  obtain  an  enlargement 
of  the  rights  of  voters  —  efforts  that  were  uniformly 
scouted  by  the  General  Assembly  of  the  State  of 
Rhode  Island. 

But  who,  then,  it  will  be  asked,  are  the  great  men 
who  rule  that  great  State  ?  Who  are  the  Aristocracy 
that  lord  it  over  the  people  )  Who  affect  to  despise 
the  laboring  part  of  the  population  (except  when 
they  are  soliciting  their  votes?)  Who  are  they  that 
talk  "  of  the  danger  of  putting  power  in  the  hands  of 
the  common  people.'''  Why,  for  the  most  part,  per^ 
sons  who  a  few  short  years  since,  ranked  far  below 
that  order  themselves  :  and  now  to  their  History. 

In  the  changes  to  which  all  things  are  subject  in 
this  changing  world,  there  has  been  a  great  change 
in  the  Society  of  Rhode   Island.     Party  spirit  has 


MIGHT    AND    RIGHT.  15 

effected  much  ;  for  let  a  man  be  ever  so  despicable  in 
himself,  if  he  would  only  lend  himself  to  the  views 
of  those,  who  were  determined  by  every  means, 
either  honest  or  dishonest,  to  acquire  and  maintain 
supreme  power  in  the  State,  his  fortune  was  at  once 
made.  And  again  the  facilities  for  obtaining  the 
benefit  of  the  Insolvent  Act,  have  been  the  cause  of 
an  inundation  of  artful  and  dishonest  men  from  other 
States,  whose  example  has  had  a  most  deleterious 
effect  upon  the  Society  of  Rhode  Island  — for 
although  many  came  without  any  apparent  means 
of  support,  yet  by  some  craft  unknown  to  the  former 
staid  and  sober  inhabitants,  they  contrived  to  Jive  in 
a  style  and  fashion  quite  new,  and  seduce  others  into 
habits  of  extravagance  and  profusion,  that  soon  made 
a  wreck  of  many  a  fair  estate  ;  and  often  transferred 
those  very  estates  into  the  hands  of  him,  who  though 
he  had  run  the  same  excess  of  riot,  yet  having 
nothing,  could  lose  nothing.  Sometimes  this  has 
been  done  in  later  days,  through  the  witchcraft  of 
Banks,  which  readily  transforms  rags  into  gold,  for 
in  their  palmy  days,  these  were  next  to  the  General 
Assembly  —  Omnipotent  in  Rhode  Island. 

An  early  contest  in  Rhode  Island,  whose  effects 
have  been  felt  to  the  present  hour,  seemed  at  once  to 
define  the  position  of  parties.  We  allude  to  that  be- 
tween the  old  school  Federalists  and  Jeffersonian 
Democrats,  which  was  carried  on  with  a  zeal  and 
fierceness,  never  perhaps  equalled,  certainly  not  exr 
celled  in  any  of  the  States.  There  was,  as  in  the 
.Suffrage  contest,  a  proscription  and  persecution  from 
the  Federal  side  of  the  question,  utterly  at  war  with 
all  republican  notions,  as  well  as  christian  feeling. 

To  give  a  history  of  this  warfare,  in  the  City  of 
Providence  alone,  would  more  than  fill  this  volume, 
and  exhibit  such  examples  of  "  man's  inhumanity  to 
man,"  as  can  only  be  surpassed  by  the  crusade  against 
*he  Suffrage  Party  in  1842  and  43.     Who  that  has 


16  MIGHT    AND    RIGHT. 

read  the  "Annals  of  the  town  of  Providence,"  lately 
published  by  one  of  the  Judges  of  the  present  justly 
styled  Supreme  Court  of  Rhode  Island,  would  imag- 
ine such  violence  of  persecution  could  have  been  ex- 
hibited, such  party  spite,  such  malign  feeling,  such 
riots,  such  quarrels,  such  backbitings  and  contentions, 
in  a  City  for  the  last  forty  years  at  least,  which  he 
describes  —  going  on  as  quiet  as  a  Quaker  meeting. 
To  begin  with  the  Crusade  against  Gov.  Arthur 
Fenner,  who  was,  tell  it  not  in  Gath,  father  of  the 
present  Algerine  Governor  ©f  this  State.  He  was 
the  Democratic  Governor  and  a  kind  of  head  of  the 
Democratic  party  throughout  the  State  ;  at  least  they 
adopted  him  as  such,  although  their  party  could  boast 
of  many  men  of  superior  pretensions  in  some  respects, 
yet  his  age,  his  station,  his  known  patriotism,  which 
was  never  doubted,  his  shrewdness,  and  above  all, 
the  deep  insight  with  which  he  penetrated  the  views 
and  plots  of  the  opposite  party,  made  him  a  universal 
favorite  with  his  own. 

He  was  besides  of  a  very  jocose,  social  and  con- 
vivial turn,  and  exceedingly  hospitable,  entertaining 
friends  and  foes,  without  distinction,  at  his  well 
spread  board.  This  last  virtue  was  made  the  instru- 
ment to  injure  him,  by  many  of  his  unscrupulous 
guests  ;  and  careless  expressions,  uttered  during  the 
hours  of  social  hilarity,  were  artfully  seized  on  to 
effect,  if  possible,  his  downfall.  One  of  thes«  rela- 
ting to  an  unknown  stranger,  who  had  recently  com- 
mitted suicide  in  one  of  the  public  highways,  was 
reported  in  such  an  aggravated  manner  as  to  occasion 
a  lawsuit,  and  such  a  commotion  as  shook  the  whole 
State  to  its  centre.  It  is  inconceivable  what  a  tumult 
the  Federal  Party  contrived  to  make  out  of  it  ;  and 
as  Gov.  Fenner  was  then  a  candidate  for  re-election, 
they  availed  themselves  of  that  privilege  to  abuse 
him  beyond  any  thing  we  have  ever  known  of  any 
one  individual.     The   almost   expiring   hopes  of  a 


MIGHT    AND    RIGHT.  17 

famishing  party,  hungry  for  office,  received  such  an 
impulse  that  they  rushed  from  town  to  town,  and 
village  to  village,  from  shop  to  shop,  and  house  to 
house,  and   daily  collected   in   little    groups  in  the 
streets  and  public  places,  to  report   progress,  and  tell 
the  latest  news.    The  Federal  newspapers- were  filled 
every  week,  with  fresh  scandals,  and  farther  enormi- 
ties, until  one  must  have   believed,  if  he    credited 
them,  that  all  the  sins  committed  since'  the  first  set- 
tlement of  the    country,  rested   on   this   one   man. 
Meanwhile    the    prosecution  went    on.      It  was   an 
action  of  slander  against  the  Chief  Magistrate,  for 
saying  that    John    Dorrance,  (formerly  Judge)   had 
sold  the  dead  body  of  the  suicide  to  a  Surgeon,  for  a 
beaver  hat ;  and  although  they  could  make  nothing 
out  of  the  case,  and  the  defendant  was  acquitted,  yet 
did  not  the  fire  of  the  assailing  party  slacken  in  the 
teast.     From  Gov.  F.  they  went  to  his  friends  ;  and 
his  intimates  and  political  associates  were  attacked 
with  a  degree  of  violence    next  in  degree,  to   that 
with  which  they  attacked  the  Governor.     Fortune 
here  seemed  to  favor  them.     It  is  seldom  a  man's 
friends  are  all   honest  ]  and    some   curious  develop- 
ments with  regard  to  the  affairs  of  the    Gloucester 
Bank,  where  several  of  these  were  Directors,  enabled 
them  to  open  a  new  battery  ;  and  oh,  what  a  God- 
send the  failure  of  that  Bank  was  to  the  Algerines  of 
that  day !     Most  of  the  Directors  of  that  Bank  were 
Democrats,  in  like  manner  as  all  those  of  the  Agri- 
cultural Bank  are   Algerines  now.     How  it  was  that 
the  General  Assembly  publicly  sifted  them,  and  sent 
them  to  Jail,  and  now  bear  the  downfall  of  this  with 
such  christian  forbearance,  we  cannot  tell ;  since,  we 
opine,  that  the   block-heads,  who  managed  the    for- 
mer concern  were   as   much    inferior  in  villainy  to 
some  in  the  late  affair,  as  possible,  their  crime  seemed 
to  be,  in  permitting  themselves  to  be  overreached  by 
an  artful  financier,  who  had  the  adroitness  to  persuade 
2* 


.  ^ 


L8  MIGHT    AND    RlGttT. 

them  —  that  he  would  by  one  bold  stroke,  make  the 
fortune  of  the  Bank.     However,  they  had  no  right 
to  embark  the  property  of  others,  in  such  a  gambling 
speculation,    and  were   justly   punished,    their   own 
party  giving  them  up  without  a  murmur.     Still  the 
friends  of  Gov.  Arthur  Fenner  stuck  close,  and  fought 
manfully  in  his  behalf,  and  he  was  again  and  again 
re-elected.     Nor  did  the  fire  of  the  Adversary  slacken 
in  the  least  ;  every  meeting  of  the  Democratic  Party 
was  sure  to  be  insulted  in  some  way  or  other  ;  and 
to  such  a  pitch  of  exasperation  did  the  Federal  lead- 
ers succeed  in  raising  their  party,  that  private  insults 
on  account  of  difference  in  polititics,  succeeded  pub- 
lic ones.     The    military  companies  in   the  town  of 
Providence,  were  at  that  time  commanded  by  leaders 
of  different  sides,  and  to  array  them  in  a  hostile  atti- 
tude towards  each  other  seemed  quite  a  desideratum 
to  the  Federal  Party.     In  this  they  succeeded,  and  on 
several  occasions  of  public  turn-out,  a  crowd  was  col- 
lected on  the  Great  Bridge,  and  in  other  public  places, 
where  they  were  expected  to  meet,  to  see  the  fun  ; 
for,  as  they  could  not  harmonize  to  go  in  one  proces- 
sion,  it  was   expected,    whenever   they  met,    there 
would  be  a  contest.     A  very  handsome  and  spirited 
party  of  Light-horse  was  commanded  by  Col.  Henry 
Smith,  a  staunch   Democrat,  and  a  man  who  feared 
nobody,  and  it  was  supposed  that  rather  than  turn 
out  for  a  foot  company  he  would  force  his  way  pell 
mell  through  them,  as  he  easily  might  have  done, 
having  the  advantage  of  being  mounted  :  however 
they  reckoned  without  their  host.     Col.  Smith  had 
no  idea  of  sacrificing  the  blood  of  his  fellow-citizens 
from  false  notions  of  honor  ;  and  upon  meeting  the 
foot  company  who  had  made  their  boast  of  compelling 
him  to  turn  out,  he  very  quietly  wheeled  and  gave 
them   the    middle    of  the   Bridge.     Great   cheering 
from  the  Federal  mob  succeeded  this  exploit ;  but  a 
few  days   after,    Col.  Smith   was   riding   over,  and 


MIGHT    AND    RIGHT.  19 

chanced  to  meet  the  officer  whose  discourteous  man- 
ners had  occasioned  such  uproar,  when  he  suddenly 
leaped  from  his  horse,  and  with  herculean  arm  seized 
the  little  Bragadocio  by  the  waistband,  and  shook 
him  over  the  side  of  the  Bridge,  threatening  to  let  him 
drop,  unless  he  solemnly  promised  never  to  insult 
him  again.  This  was  final,  and  from  that  period, 
the  rival  companies  passed  each  other  with  courtesy. 
But  the  persecution  and  vituperation  of  the  Federal 
Party  still  continued.  One  sample  after  they  became 
elated  by  temporary  success,  may  suffice.  There 
was  a  naturalized  citizen,  who  had  resided  several 
years  in  the  town,  ordered  to  quit  it  with  his  family, 
in  three  days,  for  the  sole  offence  of  talking  his  sen- 
timents publicly  in  the  streets  ;  his  manner,  like  that 
of  most  of  his  nation,  being  somewhat  loud  and  bois- 
terous ;  (he  was  an  Englishman  by  birth)  but  the 
law  required  that  a  man  should  be  a  pauper,,  or  liable 
to  become  such,  before  such  a  command  could  be 
enforced  ;  and  this  in  his  case,  was  far  from  being 
so.  He  was  then  driving  a  profitable  business,  and 
cleared  at  least  five  dollars  per  day,  above  all  expen- 
ses. The  attorneys  consulted,  advised  him  not  to 
go,  and  clearly  demonstrated  that  they  had  no  law 
for  such  a  proceeding.  He  remained,  and  three  days 
after,  in  attempting  to  pass  the  Bridge,  was  seized  by 
order  of  the  (Federal)  Council,  stripped,  and  publicly 
whipped  on  the  Bridge.  This  outrage,  was  one  of 
the  boldest,  and  most  daring  experiments  of  that 
party,  and  justly  drew  down  public  indignation,  not 
only  in  Rhode  Island,  but  in  the  neighboring  states, 
and  nothing  could  have  restrained  the  friends  of  this 
man  from  avenging  his  cause,  but  that  regard  to 
quiet  and  order  which  has  ever  distinguished  the 
Democratic  Party  of  Rhode  Island.  In  allusion  to 
the  constant  assertion  that  they  were  the  rabble,  it 
will  be  proper  here  to  remark,  that  though  the  ma- 
jority then,  as  now,  were    mechanics   and   laboring 


20  MIGHT    AND    RIGHT. 

people,  they  were  in  general  not  only  better  bred, 
but  better  born,  than  their  adversaries,  who,  many  of 
them  came  into  the  State,  a  few  years  before,  not 
only  needy  adventurers,  but  of  doubtful  character. 
They  were,  mostly  the  sons  of  persons,  who,  like 
themselves,  had  lived  upon  the  credulity  of  mankind, 
persons,  who  even  now,  were  over  head  and  ears  in 
debt,  completely  bankrupt,  though  living  in  a  style- 
that  the  poor  mechanics  to  whom  they  were  indebt- 
ed, never  attempted.  One  family  that  almost  gov- 
erned the  State  at  that  time,  originally  came  into  the 

town  as  paupers,  supported  by  the  town  of  N , 

on  whose  books  may  still  be  seen  the  appropriations 
made  for  their  support,  and  the  schooling  of  their 
children  —  children  doomed  in  a  few  short  years  to 
dictate  to  the  people  of  the  town,  and  to  sneer  at 
"  the  poverty  and  ignorance  of  the  lower  orders" 
Several  of  these  Aristocrats  had  made  their  advent  as 
Stable  boys,  not  a  few  originally  as  Pedlars  ;  and  we' 
hold  in  our  hand  the  Indentures  of  one  of  their 
great  guns,  who  was  bound  out  "to  serve  in  a  gen- 
tleman's kitchen,"  and  who  was  afterwards  the  op- 
pressor of  that  gentleman's  descendants,  for  demand- 
ing the  rights  of  the  common  people.  Reader,  we 
would  be  the  last  to  dispute  the  claims  to  respect,  of 
the  poor  man,  who  has  by  honest  industry  raised 
himself  into  notice  ;  but  when  a  man  has  arisen  from 
the  very  lowest  dregs  in  society,  and  by  unholy 
strategems  has  become  possessed  of  a  little  wealth, 
and  begins  to  swagger  and  look  big,  and  talk  about 
the  "lower  orders,"  and  "the  rabble,"  and  his  "  ope- 
ratives" many  of  whom  are  gifted  with  a  genius  and 
capacity  which  none  of  his  stupid  progeny  could  ever 
boast  of — when  they  begin  to  tell  of  the  danger  of 
putting  power  into  the  hands  of  the  common  people, 
it  is  time  they  should  be  exposed.  They  deserve 
lnqualified  contempt.  No  wonder  they  view  with 
apprehensions  which  they  cannot  disguise  the  dawn- 


MIGHT    AND    RIGHT.  21 

ing  of  that  spirit  of  independence,  which,  were  it  suc- 
cessful, would  bring  them  back  to  the  rank  from  which 
they  sprang  :  but  we  have  wandered  from  our  history. 
We  have  stated  that  Gov.  Arthur  Fenner  was 
again  and  again  re-elected,  but  we  did  not  say  that 
though  he  lived  several  years  after,  those  who  knew 
him  best,  affirmed  that  the  political  persecution  he 
went  through  shortened  his  days,  by  undermining  a 
constitution,  which  had  previous  to  that  promised  a 
long  life  ;  that  there  was  a  visible  alteration,  and 
accelerated  progress  towards  the  downhill  of  life, 
from  the  period  of  his  contention  with  John  Dor- 
ranee ;  and  that  the  continued  abuse,  which  that 
affair  first  engendered,  was  hastening  a  catastrophe 
which  eventually  terminated  his  existence.  Be  that 
as  it  may,  he  died  in  the  year  1801 ;  and  James,  "  his 
son,  reigned  in  his  stead."  From  the  time  of  his 
death  the  hopes  of  the  Democratic  Party  seemed  to 
centre  in  him  as  a  leader.  He  was  thought  to  pos- 
sess all  his  father's  shrewdness,  while  education,  and 
a  different  set  of  associates  had  given  a  higher  moral 
tone  of  character.  This  was  what  the  Democratic 
Party  needed,  but  they  needed  also,  a  man  of  firm 
unwavering  republican  principles,  a  man  humble  in 
mind,  simple  in  his  habits  of  life,  and  of  a  disposition 
to  accommodate  himself  to  the  society  of  the  mid- 
dling class,  or  of  plain  and  unlettered  men  ;  and 
fehere  were  those  who  soon  discovered  that  the  new 
leader  was  not  possessed  of  all  these  attributes,  nor 
was  it  long  before  this  began  to  manifest  itself ;  and 
a  split  in  the  Democratic  ranks,  from  which  the 
party  never  recovered  itself,  was  the  consequence. 
Henry  Smith,  a  prominent  character,  already  men- 
tioned, was  one  of  the  leaders  of  this  secession,  and 
associated  with  him  was  Seth  Wheaton,  the  father 
of  our  now  Minister  at  the  Court  of  Prussia,  who 
himself  joined  in  the  disaffection,  and  with  his  father, 
with  several   others,  published  a  Manifesto  declaring 


22  MIGHT    AND    RIGHT. 

they  could  go  no  farther  with  his  Excellency  ;  and 
that  they  were  convinced  Republicanism  in  Rhode 
Island  could  only  be  maintained,  by  the  prostration 
of  his  Excellency. 

PROTEST. 

"  To  the  Republican  Citizens  of  the  State  of 
Rhode  Island :  —  Having  been  informed  that  in 
different  parts  of  the  State  reports  were  circulated 
with  an  intention  to  induce  the  belief  that  we  have 
become  reconciled  to  the  re-election  of  Gov.  Fenner, 
and  believing  it  possible  that  such  misrepresentations 
of  the  truth  may  bear  upon  the  approaching  election 
in  a  manner  favorable  to  him  — -  We  hereby  declare 
that  we  remain  firm  and  determined  in  opposition, 
convinced  that  Republicanism  can  only  be  revived 
in  this  State  by  the  prostration  of  His  Excellency,. 
Your  friends  and  fellow  citizens, 

HENRY  SMITH, 
SETH  WHEATON, 
JAMES  PETTY, 
JNO.  T.  SPAULDING, 
WM.  PECKHAM, 
CHRISTOPHER  ELLERY, 
CHARLES  THURBER, 
THOMAS    SESSONS, 
HENRY  WHEATON. 
Providence,  April  11th,  1811." 

And  here  let  us  pause  to  do  justice  to  the  charac- 
ters of  some  of  the  persons  engaged  in  this  contest. 
The  character  of  the  Hon.  Henry  Wheaton  is  now 
before  the  world,  and  most  persons  in  this  and  other 
countries,  know  something  of  him.  He  needs  no 
eulogy  at  our  hands,  and  could  suffer  no  detriment 
from  our  censure.  Of  his  father,  Seth  Wheaton, 
Esq.,  who  has  long  since  passed  to  that  bourne  from 
whence   no    traveller   returns,   we   would   say,   that 


MIGHT    AND    RIGHT.  23 

•1  take  him  for  all  in  all,  we  ne'er  shall  look  upon  his 
like  again."  He  had  all  the  shrewdness  of  Gov.  A. 
Fenner,  united  with  keen  wit  and  pungent  sarcasm, 
that  while  it  never  fails  to  be  admired,  fails  not  also 
to  create  many  enemies.  He  was  a  man  of  uncom- 
promising integrity,  and  unwavering  Democratic  prin- 
ciple. It  has  been  urged  against  him,  that  his  preju- 
dices were  bitter :  but  granted,  they  were  always 
founded  upon  an  honest  conviction  that  he  was  in 
the  right ;  and  few  persons  were  capable  of  such 
deep  insight  into  human  character.  We  have  a  dis- 
tinct recollection  (in  a  long  conversation  where  we 
were  present)  of  some  prophecies  he  made  respecting 
the  future  course  of  some  of  the  political  characters 
of  the  day ;  and,  had  he  possessed  the  spirit  of  divi- 
nation, he  could  not  more  accurately  have  given  their 
future  history.  In  no  one  instance,  has  it  failed  to 
happen  as  he  foretold.  It  was  his  opinion  "  there 
would  come  a  day,  when  a  test  question  would  come 
up  in  Rhode  Island,  and  then  there  would  he  a  fall- 
ing off  of  all  that  toas  rotten  in  the  State  of  Den- 
mark." Peace  to  his  ashes,  his  honest  heart  lived 
not  to  be  wrung  with  the  knowledge  that  many  who 
Were  near  and  dear  to  him,  then  too  young  to  judge 
of  their  future  characters,  would  be  among  the  num- 
ber. As  to  Col.  Henry  Smith,  the  frank,  and  gallant, 
and  straight  forward  course  he  followed,  forbade  the 
idea  of  dark  design  or  plotting  in  anything  he  did. 
His  heart  was  so  open,  that  every  child  could  read  it, 
and  his  hand  so  liberal,  that  none  feared  to  ask  any 
good  office  from  it.  Of  the  other  signers,  we  have 
little  recollection.  We  do  not  pretend  to  judge  of 
the  wisdom  of  a  measure,  which  at  that  time,  carried 
dismay  into  the  Democratic  ranks,  and  encouraged 
their  opponents  to  exult  over  "  a  City  divided  against 
itself."  It  made  a  final  split  in  the  Democratic  Party. 
The  greater  part  did  not  go  with  them  ;  for  so  firmly 
had  the  Fenner  family  entrenched  themselves,  as  the 


24  MIGHT  AND  RIGHT. 

leaders  of  the  party,  that  the  attempt  to  oust  them, 
backed  by  no  proofs  of  their  delinquency,  fell  to  the 
ground.  Yet  it  sowed  the  seeds  of  disunion  and  dis- 
affection ;  it  created  suspicions,  and  emboldened  that 
violent  and  unprincipled  Faction,  originally  termed 
Federalists,  then  Federal  Republicans,  then  some- 
thing else,  and,  finally,  down  to  Whigs,  to  manoeuvre 
with  prospect  of  success  in  Rhode  Island :  and  last 
of  all,  to  concentrate  power  in  their  own  hands,  in 
this  unfortunate  State,  under  their  most  appropriate 
name  of  Algerines. 

During  the  last  war  with  Great  Britain,  party  spirit 
ran  high,  since  the  Federalists  generally  exposed 
themselves  at  that  time  as  the  ancient  Tories.  If  the 
true  histories  of  their  treasonable  manoeuvres  at  that 
period  could  be  given,  it  would  fill  many  volumes. 
It  was,  however,  a  period  when  the  principles  and 
practice  of  the  Democratic  Party  shone  brighter  than 
they  ever  have  since,  in  Rhode  Island,  and  might  be 
called  their  golden  age.  Their  duties,  however,  were 
Yatigueing  and  burthensome,  particularly  when  an 
English  squadron  iocls  in  the  neighborhood.  It  was 
no  easy  duty  to  walk  the  shore  all  night  long  of  a 
wintry  night,  to  intercept  correspondence  with  the 
enemy,  or  to  venture  out  through  the  cold  waters, 
to  prevent  boat-loads  of  flour  and  other  provisions 
sent  by  avaricious  and  disaffected  men,  from  going  to 
their  relief.  Verily,  as  Shakspeare  says,  "  I  could 
a  tale  unfold,"  but  forbear :  may  the  story  remain  in 
oblivion,  or  be  sunk  in  the  deep  waters,  with  a  cer- 
tain package  of  papers,  once  thrown  overboard  in 
Narragansett  Bay  during  that  period,  by  one  of  our 
Benedict  Arnolds ! ! 

It  would  occupy  too  much  space  to  describe  the 
various  ups  and  downs  of  the  two  parties  in  this  State 
since  that  period,  or  of  the  claims  of  the  various  Go- 
vernors inflicted  upon  unhappy  Rhode  Island  since 
that  period.     Suflice  it  to  say,  it  has  not  been  a  quiet 


MIGHT  AND  RIGHT.  25 

despotism ;  for  some  act  of  injustice  or  oppression 
has  always  agitated  the  State,  and  provoked  hostili- 
ties from  some  quarter  or  another.  The  mob  during 
the  reign  of  Gov.  Arnold,  (N.  B.  We  call  it  reign  of 
Governors  under  the  Kingly  Charter,)  of  which 
Judge  Staples  makes  mention  in  the  quiet  City  of 
Providence,  was  no  exception  to  this.  For  the  col- 
lection of  citizens,  who  on  that  occasion  took  justice 
into  their  own  hands,  had  been  long  scandalised  and  , 
outraged  by  a  nuisance,  from  which  no  law  seemed 
strong  enough  to  protect  them  ;  from  which  they  had 
appealed  again  and  again  to  the  authorities  of  the 
town,  and  used  every  effort  of  moral  suasion  to  re- 
form. The  two  neighborhoods  of  Olney's  Lane  and 
Snowtown,  where  several  respectable  families  resided, 
(and  many  more  owned  property  there,  who  dared 
not  make  it  a  place  of  residence,)  contained  a  thicket 
of  houses,  which  were  unfortunately  tenanted  by 
some  of  the  vilest  and  lowest  offenders  against  the 
laws  of  decency,  and  the  laws  of  the  land.  They 
were  places  where  no  person  was  safe  to  pass  after 
dark,  perfect  Pandemoniums,  where  persons  of  all 
colors  congregated  together,  to  carry  on  their  guilty 
revels,  to  conceal  stolen  goods,  and  to  concert  every 
scheme  of  iniquity  of  which  the  human  mind  can 
conceive.'  There  can  be  no  doubt  that  murders  were 
sometimes  perpetrated  secretly  in  those  abodes  of 
guilt ;  as  persons  were  sometimes  missing  there,  of 
whom  no  account  Was  ever  after  received :  not  to 
mention  those  beat  to  death  in  drunken  fights  —  of 
young  women  found  with  broken  bones,  and  expiring 
from  the  effects  of  brutal  treatment.*  No  sleep  in 
the  neighborhood  of  these  places  could  be  had  the 
long  night  through,  unbroken  by  the  screams  of  mur- 

*  Thomas  Loyd  Halsey,  wfcose  residence  was   on  Prospect 
street,  was  but  a  short  distance  from  the  Lane,  said,  "he  had  no 
doubt  more  murders  had  been  committed  in  that  one  lane,  than  in 
all  the  State  besides,  since  its  first  settlement" 
3 


2b  MIGHT  AND  RIGHT. 

der,  or  cries  of  distress  of  some  kind,  mixed  with  th« 
sound  of  the  fiddle,  and  the  drunken  shouts  of  the 
depraved  multitude. 

To  complain  had  been  found  inefficient  to  remedy 
the  evil ;  and  indeed,  at  the  last,  people  had  become 
somewhat  afraid,  lest  the  spirit  of  revenge  should 
either  fire  their  buildings  or  assassinate  themselves.  In 
this  dilemma,  after  many  years  of  forbearance,  the 
people  aggrieved,  and  it  is  believed  respectable  peo- 
*ple,  took  up  arms  of  clubs  and  brick-bats,  and  de- 
molished the    abodes  of   infamy  and  wretchedness. 
The  occasion  was  a  favorable  one  ;  it  was  the  mur- 
der of  a  person  sent  to  demand  a  Swedish  sailor,  who 
was  retained  in  one  of  the  houses  in  the  Lane.     The 
firing  of  that  gun,  was  a  tocsin  that  called  all  hands 
to  battle,  and  of  all  those  receptacles  of  iniquity,  but 
one  on  the  close  of  that  evening  was  left  standing  ; 
and  that  having  a  frame  that  resisted  axes  and  fire- 
hooks,  alone  remained  standing,  a  dismantled  monu« 
ment  of  the  judgments  of  that  night.     Placards  were 
fixed  up,  saying  they  would  take  Snowtown  the  next 
night,  which  they  did,  though  the  Governor  called 
out  a  military  force  to  protect  the  den  of  iniquity ; 
and  firing  into  the  assailants,  killed  seven  men,  seve- 
ral  of  whom  were  persons  whom  curiosity  brought 
to  the  scene  of  assaultt     It  was  urged  in  rris  behalf, 
that  he  had  "  twice  commanded  the  people  to  dis- 
perse, and  once  fired  blank  cartriges"  among  them. 
Though  no  abettor  or  admirer  of  mobs,  we  must  say, 
few  ever  did  more  good  in  shorter  time ;  and  the 
death  of  those  young  men  caused  much  stir  at  the 
time.     Several  had  left  families,  and  were  deeply  de- 
plored.    But,  accustomed  as  the  people  of  the  State 
had  become  to  despotic  power,  it  passed  off  without 
any  action.     There  was  no  party  bias  in  the  case. 
The  resistants  were  supposed  to  be  about  equally  of 
all  parties. 

For  many  years  there  has  been  a  spirit  of  resist- 


MIGHT  AND  RIGHT.  27 

ance  fostering  in  the  people  of  Rhode  Island,  against 
the  encroachments  of  arbitrary  power.  The  health- 
ful action  of  the  law,  as  its  friends  termed  it,  Was  too 
often  found  "  a  Word  and  a  blow,  and  the  blow  came 
first."  It  has  often  been  found  a  fetter,  that  has 
bound  the  poor  debtor  down  to  the  earth,  while  it  has 
let  off  the  rich  bankrupt  unscathed.  In  the  late 
transactions,  it  will  be  found,  that  while  it  stood 
ready  to  protect  violence  and  wickedness,  it  left  the  r 
honest  and  unprotected  to  be  insulted  and  pillaged  by 
a  merciless  soldiery  •*—  whom  avarice,  and  party  spite, 
and  demoniac  passion,  led  on  to  excesses  that  have 
disgraced  the  state  in  the  eyes  of  lookers  on,  and  will 
long  be  remembered,  after  the  heads  that  planned.  , 
and  the  hands  that  have  executed  them,  shall  be 
mouldering  under  the  sod.  W. 


CHAPTER  IL 

THE   CHARTER. 

In  the  very  onset  it  may  be  well  to  examine  the 
character  and  claims  of  this  celebrated  Instrument, 
which,  until  about  two  years  ago,  was  acknowledged 
as  the  source  of  all  Order,  Government,  and  Law,  in 
this  falsely-called  Free  State  of  Rhode  Island.  Not 
by  the  majority  of  the  people,  indeed,  was  it  so  ac- 
knowledged; for  these,  for  more  than  fifty  years, 
had  looked  upon  it  as  a  dead  body ;  and  they  had 
been,  for  nearly  that  length  of  time,  continually  en- 
treating the  Government  to  give  it  the  rites  of  sepul- 
ture, and  a  decent  burial.  But  it  was  the  self-con- 
stituted slaves  of  the  Assembly  of  King  Charles,  who 
•saw  so  many  virtues  in  the  parchment  of  that  disso*- 


28  MIGHT  AND  RIGHT. 

lute  monarch.  It  held  for  them,  each  and  all,  Let- 
ters-patent of  Nobility.  By  it  they  assumed  power 
to  make  such  laws  as  best  pleased  themselves  —  to 
alter  those  laws,  or  annul  them,  as  they  would,  and 
when  they  would ;  and  that  without  any  regard  to 
the  interests  of  others  —  nay,  it  might  be  in  direct 
violation  of  those  interests,  though  a  majority  of 
three-fifths  of  the  entire  population  might  be  the 
I  sufferers.  The  majority,  indeed,  came  to  be  regard- 
ed as  plebeians,  by  birth,  and  by  habit,  possessing 
no  acknowledged  rights,  which  could,  by  any  extant 
possibility,  be  opposed  to  those  of  the  self-constituted 
Government,  which  was,  in  defiance  of  all  signifi- 
cance in  language,  continually  affirmed  to  be  the 
freest  in  the  world.  The  People  had,  it  is  true,  pe- 
titioned for  a  redress  of  grievances,  for  about  fifty 
years ;  and,  during  that  time,  had  made  some  little 
stir  about  Democracy,  and  the  Rights  of  the  Majori- 
ty ;  but  they  were  easily  frowned  down,  and,  to  a 
considerable  degree,  persuaded  that  there  was  no 
other  way  but  tacit,  if  not  real  submission.  The 
Assembly  saw  that  all  this  was  very  good.  There- 
fore they  determined  never  to  change  it.  And  all 
their  minions  x^ried,  "Amen."  They  were  living 
expositions  of  the  trite  fact,  that  arbitrary  power, 
once  obtained,  though  it  be  never  so  unjustly,  is  not 
willingly  surrendered,  unless,  indeed,  there  be  a  true 
human  heart,  and  a  paramount  conscience,  in  the 
holders  thereof.  Thus  far  premising,  I  proceed  to 
speak  more  particularly  of  the  Instrument  whose 
name  is  our  present  caption. 

It  may  be  interesting  to  the  curious  in  such  mat- 
ters, )  and  who  is  not  curious  when  any  point  of  the 
history  of  his  native  state  is  involved  in  the  ques- 
tion?) to  know  under  what  circumstances  the  Char- 
ter was  obtained.  It  appears  that  originally  the 
town  of  Providence,  then  comprising  all  of  what  is 
now  Providence  County,  except   Cumberland,  con- 


MIGHT  AND  RIGHT.  29 

^tfttlred  a  distinct  jurisdiction,  as  did  also  the  Island 
of  Rhode  Island,  and  likewise  Warwick.  These 
several  territorial  divisions  were  first  united  and 
brought  within  one  jurisdiction,  by  the  Charter  of 
1643  ;  which  was  granted  by  Sir  Henry  Vane.  This 
Charter  was  very  short,  and  very  loose  in  its  terms. 
It  shadowed  forth  a  general  power  to  establish  such 
form  of  government  as  should  obtain  "-the  volun- 
tary consent  of  all."  There  was  so  much  difficulty 
experienced  in  obtaining  this  "voluntary  consent" 
in  favor  of  consolidating  the  different  districts  under 
one  government,  that  it  was  not  until  the  year  1647 
that  a  general  government  was  agreed  upon,  and  es- 
tablished. The~General  Assembly  was  convened  in 
that  year,  for  the  first  time,  and  the  place  of  conven- 
tion was  the  town  of  Portsmouth.  But  the  govern- 
ment thus  established  was  dissolved  in  1651.  An- 
other Charter  was  obtained  in  that  year  by  Codding- 
ton,  by  which  he  was  constituted  Governor,  and  the 
Island  of  Rhode  Island  and  Conanicut  were  severed 
from  the  connection,  which  they  before  held  with 
Providence  and  Warwick.  Though  Coddington's 
Charter  soon  went  out  of  force,  yet  the  re-union  of 
the  severed  districts  was  not  so  easily  effected,  find 
the  Representatives  from  Providence  and  Warwick 
met  at  Providence,  while  another  Assembly  held 
their  sessions  on  the  Island.  When  a  re-union  was 
procured,  it  appeared  Obvious  good  policy  to  take 
some  measures  in  order  to  secure  and  perpetuate  it ; 
and,  mainly  for  this  purpose,  was  obtained  the  Char- 
ter of  Charles  the  II.,  which,  down  to  a  very  late 
period,  remained  the  nominal  Constitution  of  the 
State. 

A  Court  of  Commissioners  met  at  Warwick,  Oct. 
18,  1660,  and  passed  an  Act  acknowledging  Charles 
as  their  liege  King,  also  a  vote  for  solemnizing  his  . 
proclamation,   in  which    it  was  officially  provided 

that,  "  on  the  next  Wednesday,  which  will  be  the 
3# 


3{)  MIGHT  AND  RIGHT. 

24th  of  this  instant  month,  each  town  in  this  colony 
shall,  then,  at  the  head  of  the  company  of  each  train- 
band, solemnise  the  proclamation  of  the  Royal  Ma- 
jesty, and  that  the  captain  of  each  town  is  hereby 
required  and  authorised  to  call  the  train-band  to- 
gether, to  solemnise  the  said  proclamation  on  the 
foresaid  day,  if  the  weather  do  permit,  if  not,  then 
it  is  to  be  done  on  the  next  fair  day  ;  and  that  all 
children  and  servants  shall  have  their  liberty  on  that 
day." 

By  the  untiring  exertions  of  Roger  Williams  and 
John  Clarke,  a  renewal  of  the  Charter  was  obtained, 
and  a  warrant  was  issued,  dated  the  14th  day  of 
November,  1663,  requiring  the  Warden,  or  deputy 
Warden  of  Providence,  to  call  a  town  meeting  at 
Newport  on  the  24th  of  that  month,  "  partly  and 
chiefly  to  receive  the  Charter,  which  is  certainly  re^ 
ported  to  be  arrived." 

On  the  day  appointed,  the  Commissioners  met : 
and  the  box  containing  the  since  famous  document 
was  produced  anpl  opened,  in  the  presence  of  what  the 
Record  describes  as  "  a  very  great  Assembly  of  the 
People."  And  after  the  Charter,  with  "  his  Majesty's 
royal  stamp  and  broad  seal,"  having  been  "  held  up  on 
high,  and  presented  to  the  perfect  view  of  the  Peo- 
ple," was  "  returned  into  the  box,  and  locked  up  by 
the  Governor,  in  order  to  the  safe  keeping,"  it  was 
directed  that  the  most  humble  thanks  of  the  colony 
be  returned  to  his  Majesty,  "  for  the  high,  inestima- 
ble, yea,  incomparable  grace  and  favor." 

This  instrument,  together  with  various  statutes 
which  were  enacted  from  time  to  time,  for  the  pur- 
pose of  explaining  and  altering  the  Charter,  and  sup- 
plying its  deficiencies,  and  certain  usages,  which, 
from  long  existence  had  obtained  the  force  and  sanc- 
tity of  laws,  constituted  the  Government  of  the 
State.  It  has  always  been  in  the  power  of  the  Ge- 
neral  Assembly,  by  their  entire  control  over  the 


MIGHT    AND    RIGHT.  31 

right  of  Suffrage,  to  remove  every  existing  evil,  and 
silence  every  just  cause  of  complaint.  But  this, 
whatever  assertions  may  now  be  made  to  the  con- 
trary, they  were  never  disposed  to  do.  Every  con- 
cession, that  has  been  made,  has  been  extorted  by 
fear,  not  voluntarily  surrendered.  But  let  me  not 
anticipate.     I  return  to  the  Charter  of  1663. 

By  this  Royal  Instrument  it  was  provided,  that 
uall  persons  should,  freely,  and  fully i  have  and  en- 
joy, his  and  their  own  judgments,  and  consciences, 
in  religious  concernments ;"  and  the  people  were 
pronounced  "  a  body  corporate  and  politic."  Charles, 
also,  V  by  his  especial  gracej  certain  knowledge,  and 
mere  motion,"  granted  the  power  of  forming  a  Ge- 
neral Assembly  —  the  original  members  being  ap- 
pointed by  the  King,  and  mentioned  in  the  Charter. 
This  body  had  power  to  u  elect  and  constitute  offices 
and  officers,  to  grant  commissions,  to  appoint,  order 
or  direct,  erect  and  settle,  places  and  courts  of  juris- 
diction ;  to  alter,  revoke,  annul  or  pardon,  under 
their  common  seal;"  to  "make,  ordain,  constitute, 
or  repeal,  such  laws,  statutes,  orders,  and  ordinances, 
forms  and  ceremonies  of  government,  and  magis- 
tracy, as  to  them  shall  seem  meet,-  for  the  good  and 
welfare  of  said  company,"  provided  always,  that  they 
be  "  agreeable  to  the  laws  and  statutes  of  this  our 
realm  of  England."  They  were  also  to  regulate 
the  election  to  offices  of  trust,  to  prescribe  and  limit 
boundaries  of  towns,  etc.,  and,  finally,  to  "  direct, 
rule,  order,  and  dispose,  of  all  other  matters  and 
things." 

We  see  by  this,  that,  unless  the  General  Assembly 
should  transcend  their  prerogative,  so  far  as  to  do 
aught  which  is  not  agreeable  to  the  laws  and  stat- 
utes of  England,  the  Charter  may  not  be  violated, 
though  humanity  and  justice,  the  world  over,  cry 
out  against  them.  Though  the  Charter  does  not 
permit,  it  has  no  power,  whatever,  to  check  usurpa- 


32 


MIGHT    AND    RIGHT. 


tion.  It  has  been,  in  short,  a  convenient  screen  for 
Despotism  and  Tyranny  to  skulk  behind,  where  they 
have  performed  deeds  which  their  cowardice  would 
not  permit  them  to  do  unsheltered. 

But  the  Charter  was  considered,  and  was  very 
liberal  in  its  provisions,  considering  the  time  and  cir- 
cumstances under  which  it  was  given.  In  it  we 
find  permission  for  the  original  "  Company"  to  plant 
grapes,  make  wine,  pursue  whale,  dubertus,  or  other 
great  fish,  and  open  mines ;  only  requiring  that  one- 
fifth  of  all  "  the  ore  of  gold  and  silver"  they  might 
there  find,  should  be  yielded,  "  in  lieu,  and  satisfac- 
tion, of  all  services,  duties,  fines,"  and  "  forfeitures." 
And  all  this  might  be  very  well,  if  there  were  no 
progress.  In  the  early  days  of  the  Charter,  the 
people  of  Rhode  Island  were  engaged  mostly  in 
agricultural  pursuits,  a  very  large  majority  of  them 
being  freeholders  ;  so  the  defects  of  the  government, 
and  the  required  freehold  qualification,  were  not  very 
sensibly  felt.  There  were  then  few  counteracting 
influences  ;  the  commercial  and  agricultural  interests 
being  so  closely  dependent  on  each  other,  as  -to  be, 
in  fact,  identical.  But  the  body-corporate,  like  the 
individual  body,  cannot  be  always  fed  on  pap,  and 
held  by  leading-strings.  By  a  common  law  of  na- 
ture it  must  grow,  and  strengthen,  until  material 
changes  take  place  in  its  condition  and  character  ; 
so  that  what  was,  in  early  infancy,  healthful  and 
necessary,  becomes  in  the  mature  state  not  only 
quite  insufficient,  but  totally  unnecessary,  and  even 
hurtful. 

It  will  be  readily  perceived,  that  great  abuses 
would  not  so  naturally  flow  from  the  Charter  itself, 
as  from  the  Assembly.  That  body  claim,  and  always 
have  exercised,  a  power  that  is  irresponsible,  to  all 
intents  and  purposes,  so  far  as  this  country  is  con- 
cerned. I  said  that  irresponsible  power  is  claimed, 
and  exercised.     They  are  also  independent,  and  om- 


MIGHT    AND     RIGHT.  33 

nipotent.  That  they  so  considered  themselves,  may 
be  proved  from  the  mouths  of  their  own  members. 
John  Howe,  of  Bristol,  at  the  January  session  of  the 
Legislature,  in  1842,  said  — "  The  terms  of  the 
Charter  are  broad  and  liberal.  They  give  almost  all 
power  to  the  General  Assembly."  And  previously 
it  was  said  by  the  late  Honorable  Elisha  R.  Potter, 
of  South   Kingston,  in  a  speech  before   the   same 

august  body  —  Mr.  Speaker,  the  member  from 

is  very  much  mistaken,  when  he  supposes  that  this 
General  Assembly  can  do  anything  that  is  unconsti- 
tutional !   Sir,  I  conceive  that  this  body  has  the 

SAME     POWER     OVER     THE     NON-FREEHOLDERS     OF    THIS 

State,  that  THE  ALMIGHTY  HAS  OVER 
THE  UNIVERSE  !"  And  this  impious  declaration 
was  made  in  the  presence  of  Republican  Rulers  — 
those  who  profess  to  claim  the  prerogative  of  govern- 
ing the  people,  from  motives  of  pure  charity,  because 
they  are  not  capable  of  governing  themselves.  Is  it 
not  sufficient  comment  on  the  above,  to  say,  there  is 
no  record  to  tell  us  that  Mr.  Potter  icas  rebuked ! 
And  how  should  he  have  been  by  his  own  coadjutors 
and  fellow-tyrants!  They  liked  the  doctrine  too 
well  to  question  its  truth  ! 

It  will  be  easily  seen  that  the  inevitable  result  of 
such  an  organization  would  be  arrogance  on  the  one 
hand,  and  servility  on  the  other.  A  non-freeholder, 
in  the  presence  of  a  freeman,  was,  oftener  than 
otherwise,  a  poor  cringing  slave,  incapable  of  utter- 
ing his  thoughts  freely  and  honestly  ;  and,  apparent- 
ly, almost  unconscious  Of  the  fact,  that  one  who  had 
not  $134  invested  in  land,  was  just  as  good  a  man  as 
one  who  held  possession  of  that  same  high  qualifica- 
tion and  test  of  manhood.  I  recollect  an  instance.  Se- 
veral years  ago  a  non-freeholder  attempted  to  speak  in 
a  public  meeting.  He  rose  with  evident  alacrity  and 
interest  in  the  subject  under  discussion,  and  began  to 
speak  with  considerable  effect ;  but,  looking  round,  he 


34  MIGHT    AND     RIGHT. 

perceived  that  most  of  his  auditors  owned  a  freehold 
estate.  He  was  cowed  down  in  an  instant.  Stammer* 
ing  out  something  about  not  being  used  to  speak  in  the 
presence  of  freemen,  he  sat  down>  covered  with 
confusion.  And  this  is  the  spirit  the  Aristocracy  of 
Rhode  Island  have  always  sought  to  foster.  They 
have  always,  by  their  public  acts,  and  their  private 
influence,  discouraged  everything  that  hinted  at  the. 
elevation  of  the  laboring  classes  of  people.  And 
why,  but  the  better  to  secure  their  own  special  pre- 
rogatives ?  Why,  but  for  the  same  reason  that  sug- 
gests  the  same  course  of  action  to  Despotism  every- 
where ?  Light  is  unfavorable  to  Tyranny  —  Dark- 
ness and  ignorance  are  its  best  adjuncts.  There  may 
be  liveried  servants,  heavier  plate,  richer  carpets,  and 
curtains  with  costlier  fixtures,  in  other  cities  —  there 
may  be  greater  show  of  wealth  in  many  places  ;  buti 
I  apprehend,  that  nowhere  in  this  country  —  per- 
haps nowhere  on  the  globe  —  is  a  poor  intruder  over 
the  chalked  line  of  tne  patent  "first  circle,"  met 
with  a  more  chilling  —  I  may  say  a  more  killing 
iciness,  than  here  in  this  same  little,  big-feeling  State 
of  Rhode  Island. 

And  this  is  the  Government  we  have  heard  daily 
lauded,  as  if  it  were  the  very  acme  of  legislative  wis- 
dom and  clemency  !  The  power  being  thus  consoli- 
dated in  the  hands  of  the  few,  the  social  condition 
which  has  grown  out  of  it,  is,  in  a  very  high  degree, 
restrictive  and  Aristocratical.  A  narrow  clique  became 
the  nobility,  constituting  what  is  technically  called, 
"  Society  ;"  while  thousands  of  respectable  and  en- 
lightened citizens,  with  their  families,  were  thrown 
into  the  common  mass  of  the  "  Vulgar  " — any  indi- 
vidual of  which  meeting  one  of  the  self-constituted 
upper-circle,  even  in  the  common  street,  might  per- 
ceive a  turning  up  of  the  high-born,  and  high-bred 
nose,  and  a  shrinking,  as  if  from  contamination  :  orr 
at  the  best,  a  vacant  stare^  which  intelligibly  recog- 


MIGHT    AND     RIGHT.  35 

nized —  Nobody  —  Is  this  a  condition  of  things  which 
Republicans  —  which  a  Free  People  should  allow  ? 
Nay,  are  the  people  —  can  the  people  be  free,  in  such 
a  State  ?     I  think  not. 

The  Charter  prescribed  no  rules,  whatever,  for  the 
admission  of  Freemen  ;  and  it  was  not  until  1724, 
that  an  act  of  Assembly  was  passed,  by  which  Elec- 
tors were  required  to  have  a  freehold  estate  of  £  100  ; 
and,  by  the  same  act,  the  oldest  son  of  such  a  free- 
holder was  admitted  to  be  a  freeman,  without  other 
qualification.  That  the  General  Assembly  have 
power  to  make  the  qualification  any  sum  they 
please,  so  as  to  consolidate  the  government  entirely 
in  the  hands  of  the  wealthiest  magnates  of  the  land, 
is  proved  by  the  following  changes,  which  have  been 
rung  upon  this  great  bell  of  discord.  I  have  record- 
ed the  Act  of  1724.  In  1736  £200  of  real  estate 
was  required.  In  1746  £400  or  £20  per  annum, 
and,  finally,  in  1762,  it  was  reduced  to  £40,  or  $134 
of  Federal  currency.  Thus  we  see  that  the  majority 
of  the  people  of  Rhode  Island  have  been  held  subject 
to  the  sovereign  nod  of  the  Assembly,  with  but  one 
right  guarded  —  no  other  than  the  right  of  con- 
science, being  even  acknowledged.  Instead  of  being 
the  free  members  of  a  free  confederacy,  they  have 
been  slaves  in  the  fullest  sense  —  which  will  by  and 
by  appear.  Their  liberties  have  been  left  to  the 
mercy  of  an  Instrument,* which  imposed  no  limita- 
tions on  despotic  power.  Yet  this  people  have  been, 
for  more  than  sixty  years,  mocked  by  the  assertion 
that  Rhode  Island  was  free  !  And  while  their  own 
chains  were  clanking  audibly  —  not  on  the  limbs, 
indeed  —  but,  worse  —  far  worse  —  deep  in  the 
heart  —  deeper  in  the  soul  —  they  have,  listened  to 
mouthing  orators  on  the  Fourth  of  July,  when  they 
conceived  they  had  special  right  and  opportunity 
to  profane  the  sacred  name  of  Liberty  !     One  would 


36  MIGHT    AND     RIGHT. 

think  these  Legislators  had  no  honest  blood  in  their 
hearts ;  or  they  would  blush  at  the  very  syllables  in 
the  name  of  Freedom  ! 

As  instances  of  the  assumption  of  unwarrantable 
power,  by  the  General  Assembly,  take  the  following 
Acts  ;  which  will  go  far  to  shew  at  what  rate  the 
venerable  Charter  should  be  valued,  as  a  Constitu- 
tion. By  that  Instrument  it  was  provided  that  the 
Governor,  Deputy  Governor,  and  Assistants  were  to 
be  elected  on  every  first  Wednesday  in  May,  at 
Newport,  by  a  majority  of  the  voters  then  and.  there 
assembled.  The  General  Assembly  saw  fit  to  annul 
this  provision  ;  which  they  did  by  passing  an  Act  to 
that  effect,  in  October  1664 — in  less  than  one  year 
after  the  public  proclamation  of  the  Charter.  It  was 
provided  that  all  freemen  who  chose  to  do  so,  instead 
of  coming  to  Newport  to  vote  for  general  officers  on 
the  first  Wednesday  of  May,  might  vote  in  town- 
meetings  legally  convened,  where  their  proxy  votes 
should  be  received,  thence  to  be  transmitted  to  the 
General  Assembly. 

In  August,  1670,  all  voting  at  Newport  was  ex- 
pressly forbidden,  except  by  members  of  the  Gene- 
ral Assembly ;  and  the  voters  were  directed  to  vote 
in  their  respective  towns,  on  the  third  Wednesday  in 
April. 

The  Charter  provided  that  the  freemen  are  to  be 
admitted  by  the  General  Assembly  ;  but  the  General 
Assembly  passed  an  Act  in  1666  entirely  contrary  to 
that  provision ;  by  which  it  was  provided  that  free- 
men should  be  admitted  by  the  freemen  of  their 
respective  towns,  in  town-meeting. 

Again,  the  Charter  provided  that  the  Governor, 
Deputy  Governor,  and  Assistants,  with  the  Repre- 
sentatives chosen  by  the  several  towns,  should  meet 
in  General  Assembly,  without  any  provision  for 
forming  two  distinct  Houses  ;  yet  the  General  As* 


MIGHT    AND     RIGHT.  37 

sembly,  by  an  Act  passed  in  1696  arranged  that  the 
two  Houses  are  to  sit  separately,  except  when  for 
some  special  purpose  they  are  convened  in  Grand 
Committee. 

Again,  an  obvious  defect  in  the  Charter  was  reme- 
died by  an  Act,  authorizing  a  Lieutenant  Governor, 
or  senior  Senator,  to  discharge  the  duties  of  Governor, 
in  case  of  a  vacancy,  by  non-election,  death,  or  re- 
signation, or  by  absence  or  inability. 

Again,  Joseph  Wanton  having  been  chosen  by  the 
freemen  of  the  State  as  Governor  of  Rhode  Island, 
was  deposed  by  the  General  Assembly,  in  defiance 
of  Electors,  and  the  whole  British  Parliament.  He 
protested  against  the  Act,  was  re-elected  —  and  again 
deposed,  by  a  body  of  men,  who  claimed,  and  exer- 
cised, greater  than  the  power  of  Majesty.  Without 
at  all  questioning  the  wisdom  or  justice  of  these  pro- 
visions, we  can  see  that  the  Charter  interposed  no 
check  upon  the  General  Assembly  —  not  even  in 
the  first  year  of  its  bridal  favor.  It  is  in  vain  to  de- 
fend such  Acts  on  the  ground  of  right.  The  power 
to  do  right  against  authority,  contained  within  itself 
also,  in  like  manner,  the  power  to  do  wrong.  But 
perhaps,  by  these  extensions  of  prerogative,  the 
Assembly  only  intended  to  cover  that  singularly 
elastic  phrase,  which  gave  them  power  over  "  all 
other  matters  and  things." 

But  tracing  the  Records  of  Legislative  Proceedings 
downwards,  we  find  an  Act,  which  by  no  possibility, 
could  be  distorted  into  any  thing  else  than  gross  and 
palpable  outrage  of  the  very  principle  upon  which 
the  State  was  founded  —  that  principle  which  Rhode 
Islanders  have  always  cherished  with  such  fond  and 
jealous  love  —  the  right  of  "  freedom  in  religious 
concernments."  By  an  Act  of  the  first  of  March, 
1663-4,  the  rights  of  Suffrage  were  more  expressly 
guarded  ;  but  probably  sometime  between  the  years 
1.719  and  1730,  the  shameful  clause  was  added, 
4 


38  MIGHT    AND     RIGHT. 

"  Roman  Catholics  only  excepted."  The  effect  was 
to  exclude  Roman  Catholics  from  the  polls  —  to  cut 
off  their  sacred  right  of  Suffrage.  And  that  not  only 
in  defiance  of  usage  which  had  become  hallowed  by 
association,  with  the  name,  history,  and  character  of 
Roger  Williams  —  of  the  spirit  of  our  institutions, 
and  the  habits  of  our  people  ;  but  in  the  very  teeth 
of  that  clause  of  the  Charter  which  expressly  pro- 
vides, that  "  No  person  within  the  said  colony,  at 
any  time  hereafter,  shall  be  in  any-wise  molested, 
punished,  disquieted,  or  called  in  question,  for  any 
differences  of  opinion  in  matters  of  Religion,  who 
does  not  actually  disturb  the  public  peace." 

Again,  and  that  in  modern  times,  has  this  right 
been  openly  violated,  in  the  banishment  of  the  Reve- 
rend William  Fuller,  for  the  flagrant  sin  of  denoun- 
cing rum-sellirig  and  rum-drinking  —  in  both  of 
which  conditions  of  being,  without  doubt,  the 
Authorities  were  interested.  Mr.  Fuller  was  a  well 
educated  and  regularly  ordained  minister  ;  and 
preached  to  the  entire  satisfaction  of  his  hearers,  at 
Washington  village,  until  his  doctrines  came  to 
have  too  many  home  truths  ;  and  he  was  officially 
ordered  to  leave  the  town.  He  obeyed  peaceably, 
leaving  also  the  State.  He  has  since  supplied  for 
some  time  the  pulpit  of  the  first  Presbyterian  Church 
in  the  city  of  Utica.  In  this  open  war  upon  the 
right  of  conscience  —  the  single  right  that  should 
be,  by  the  Charter,  preserved  inviolate,  we  see  a 
deep  and  fearful  meaning.  If  a  right  which  is  so 
carefully  guarded  be  thus  made  the  subject  of  wan- 
ton outrage,  what  is  to  become  of  those  rights  which 
are  secured  by  no  constitutional  bonds  ?  Will  the 
power  which  illegally  infringed  that,  be  too  gene- 
rous to  touch  these  ?  The  generosity  and  the  jus- 
tice of  tyrants  are  found  —  where  the  rainbow 
touches  earth.  They  may  seem  close  at  hand. 
You  can  almost  touch  them.     You  fly  t<?  grasp  the 


MIGHT    AND     RIGHT.  39 

good  they  promise.  You  still  pursue.  It  recedes 
as  you  approach.  And  when  you  reach  the  very 
spot  where  it  glimmered  in  false  brightness,  it  is 
gone. 


CHAPTER  III. 


GROUNDS    OF    COMPLAINT. 


Before  entering  on  the  .subject  of  the  present 
Chapter  I  would  bespeak  the  Reader's  courteous 
attention  to  a  number  of  facts.  Dry  details  they 
may  be,  and  wholly  devoid  of  interest  in  themselves, 
yet  not  insignificant  to  us,  and  to  our  labors  ;  for 
they  are  the  very  basis  of  the  whole  superstructure 
we  are  about  to  rear.  Attention,  then,  kind  Reader, 
and  gentle  patience  ;  for  the  question  which  is  now 
pending  • —  anc).  the  movement  which  is  now  going 
on,  is  not  one -of  mere  local  interest  —  a  question 
where  the  rights  of  a  Party  are  held  at  issue  :  — -  it  is 
not  whether  the  people  of  a  few  miles  of  territory, 
shall  be  bondmen,  or  freemen  ;  but  it  embodies  a 
principle  which  knows  no  geographical  divisions  — 
no  social  distinctions  —  the  progress  of  which  no 
waters  can  check,  and  no  mountains  can  arrest  —  a 
principle  which  is  yet  destined  to  pervade  the  wide 
earth  —  until  the  souls  of  all  mankind  are  aroused 
as  one  soul  —  and  every  condition  of  being  —  Capi- 
talist and  Operative,  Governor  and  Governed,  Tyrant 
and  Slave  —  is  mingled,  and,  as  it  were,  melted  into 
one,  by  the  all-subduing,  all-engrossing  fire  of  true 
liberty ! 

But  I  proceed  to  enumerate  some  of  the  abuses, 
of  which  the  Suffrage  Party  of  Rhode  Island  com- 


40  MIGHT    AND     RIGHT. 

plain.  In  the  first  place,  they  object  to  a  landed,  or 
other  property  qualification,  as  degrading  to  man, 
setting,  as  it  does,  a  given  portion  of  earth  above 
the  character  of  manhood ;  so  that  man,  instead  of 
having  dominion  over  all  the  earth,  as  was  at  first 
wisely  appointed,  is  made  subject  to  a  small  portion 
of  earth,  itself.  It,  moreover,  excludes  from  the 
right  of  franchise  a  large  majority  of  the  people, 
otherwise  well  qualified,  who  have  the  common  in- 
terests, and  do  all  the  duties  of  good  citizens  ;  and 
yet  are  excluded  from  exercising  the  rights  of  citi- 
zenship. It  is  often  said  that  the  necessary  amount 
of  landed  property  may  be  acquired  by  any  one. 
This,  I  think,  is  assuming  too  much  ;  at  least,  for 
the  present  day.  The  wisest  and  best  of  men  are 
not  always  worldly-wise,  even  to  the  small  degree 
necessary  to  attain  and  hold  $134  in  real  estate,  over 
and  above  a  comfortable  living  ;  and  misfortune,  not 
unfrequently,  arrests,  not  only  the  most  prudent  fore- 
sight, but  destroys  at  a  blow,  the  fruits  of  long  peri- 
ods of  the  most  successful  industry.  But  let  us 
suppose  that  a  laboring  man  gathers  together  the 
required  amount,  over  and  above  what  is  demanded 
by  the  immediate  necessities  of  himself  and  family. 
To  invest  this  sum  in  land,  is  not  only  exceedingly 
difficult,  but  is,  in  many  cases,  the  most  unwise  and 
unprofitable  investment  that  can  be  made. 

A  ludicrous,  and  yet  true  illustration  of  this  long- 
vexed  question,  may  be  found  in  the  works  of  Frank- 
lin. Speaking  in  reference  to  this  subject,  he  says, 
"  Suppose  the  property-qualification  to  be  twenty 
dollars.  A  man  going  to  the  polls  to  deposite  his 
vote,  not  being  found  to  be  worth  that  sum,  his  vote 
is  rejected.  On  turning  away,  he  meets  a  man  who, 
probably  for  some  interest  in  the  election,  gives  him 
a  jackass  worth  the  required  sum.  He  then  returns 
to  the  polls,  and  finds  his  vote  accepted.  Now,  in 
whom  does  the  right  of  Suffrage  exist  —  in  the  man, 


MIGHT    AND    RIGHT.  41 

or  in  the  jackass  ?"  And,  I  may  ask,  will  their  man- 
tle of  False  Republicanism,  though,  garnished  with 
quotations  from  Jefferson,  and  all  the  most  glowing 
patriotic  speeches  —  "  The  Common  Weal"  —  "  Our 
Country's  Good"  —  and  all  the  minor  gems  of 
Fourth-of-July  bombast,  will  that  mantle  yet  a  great 
while  hide  the  long  ears  of  such  as  place  the  pre- 
rogatives of  manhood,  not  merely  in  brute  animals, 
but  in  insensible  dust  —  in  barren  sand  and  gravel  ? 
I  think  not.  The  external  signs  of  the  species,  be- 
gin to  be  discoverable,  even  now. 

It  is  a  singular  fact  that  the  Charter  Party  boldly 
deny  the  principle  upon  which  the  General  Govern- 
ment was  originally  founded  —  that  of  the  sove- 
reignty or  the  People  —  which  also  must  include 
Free  Suffrage ;  and  yet  they  claim  to  be  Republi- 
cans !  They  bind  their  fellow  men  in  the  bonds  of 
slavery,  and  then  insult  them  in  the  desecrated  name 
of  Liberty  !  Will  it  be  thought  too  strong  language 
to  say  disfranchised  men  are  enslaved  ?  I  turn  to  the 
defence  of  that  term,  so  applied.  In  looking  over 
the  "  Proceedings  and  Debates  of  the  Convention  of 
1787,"  which  met  for  the  purpose  of  framing  the 
Constit  ution  of  the  United  States.  I  find,  in  an  ad- 
dress ol  Martin  Luther,  delivered  before  the  Legis- 
ture  of  Maryland,  relative  to  the  Proceedings  of  the 
Convention,  the  following  passage,  which  speaks  so 
directly  to  the  point,  I  cannot  refrain  from  a  long 
quotation.  There  we  find  that  the  principle  of  man's 
natural  right  to,  and  fitness  for  self-government,  in- 
sisted upon  as  the  very  Palladium  of  Rights,  and 
Corner  Stone  of  Republican  Liberty.  And  should 
not  we  faithfully  treasure  up  the  rich  and  noble 
thoughts  that  fell  from  the  lips  of  those  good  old 
Patriots,  like  fruits  fully  ripe,  not  merely  to  nourish 
the  then-present  generation  ;  but,  planted  in  the  soul, 
to  bring  forth  new  fruit,  until,  reproducing  them- 
selves continually,  they  should  rise  in  prouder  strength 
4# 


42  MIGHT    AND     RIGHT* 

—  in  loftier  beauty  —  the  glory  of  all  future  ages  I 
And  live  they  will  —  and  grow  - —  until  their  branches 
cover  all  the  earth  —  the  little  breath  of  a  purse- 
proud  Aristocracy  puffing  against  them,  to  the  con- 
trary, notwithstanding. 

Mr.  Luther,  says— "Those  who  advocated  the 
equality  of  Suffrage,  took  the  matter  up  on  the  ori- 
ginal principles  of  government ;  they  urged  that  all 
men,  considered  in  a  state  of  nature,  before  any  go- 
vernment is  formed,  are  equally  free  and  independ- 
ent, no  one  having  any  right  or  authority  to  exercise 
power  over  another,  and  this  without  any  regard  to 
difference  in  personal  strength,  in  understanding,  or 
wealth.  That,  when  such  individuals  enter  into 
government,  they  have  each  a  right  to  an  equal  vote 
in  every  matter  which  relates  to  its  first  formation, 
and  afterwards  have  each  a  right  to  an  equal  vote  in 
every  matter  which  relates  to  their  government, 
That,  if  it  could  be  done  conveniently,  they  have 
each  a  right  to  exercise  it  in  person.  Where  it  can- 
not be  done  in  person,  but  for  convenience  represent- 
atives are  appointed,  to  act  for  them,  every  person 
has  an  equal  vote  in  choosing  that  representative ; 
who  is  entrusted  to  do  for  the  whole,  that  which  the 
whole,  if  they  could  assemble,  might  do  in  person, 
and  in  the  transaction  of  which,  each  ivould  have  an 
equal  voice.  That  if  we  were  to  admit,  because  a 
man  is  more  wise,  more  strong,  or  more  wealthy,  he 
should  be  entitled  to  more  votes  than  another,  it 
would  be  inconsistent  with  the  freedom  and  liberty 
of  that  other,  and  would  reduce  him  to  Slavery. 
Suppose,  for  instance,  ten  individuals  in  a  state  of 
nature,  about  to  enter  into  government,  nine  of  whom 
are  equally  wise,  equally  strong,  and  equally  weal- 
thy, the  tenth  ten  times  as  wise,  ten  times  as  -strong, 
or  ten  times  as  rich  ;  if,  for  this  reason,  he  is  to  have 
ten  votes  for  each  vote  of  either  of  the  others,  the 
nine  might  as  well  have  no  vote  at  all ;  since,  though 


MIGHT    AND     RIGHT.  43 

the  whole  nine  might  assent  to  a  measure,  yet  the 
vote  of  the  tenth  would  countervail  and  set  aside  all 
their  votes.  If  this  tenth  approved  of  what  they 
wished  to  adopt,  it  would  be  well ;  but  if  he  disap- 
proved, he  could  prevent  it ;  and  in  the  same  man- 
ner he  could  carry  into  execution  any  measure  he 
wished,  contrary  to  the  opinion  of  all  the  others,  he 
having  ten  votes,  and  the  others,  altogether,  but  nine. 
It  is  evident,  that,  on  these  principles,  the  nine  would 
have  no  will  or  discretion  of  their  own,  but  must  be 
totally  dependent  on  the  will  and  discretion  of  the 
tenth  ;  to  him  they  would  be  as  absolutely  slaves,  as 
any  negro  is  to  his  master.  If  he  did  not  attempt  to 
carry  into  execution  any  measures  injurious  to  the 
other  nine,  it  could  only  be  said,  they  had  a  good 
master ;  they  would  not  be  the  less  slaves,  because 
they  would  be  totally  dependent  on  the  will  of  an- 
other, and  not  on  their  own  will.  They  might  not 
feel  their  chains,  but  they  would,  notwithstanding, 
wear  them ;  and  whenever  their  master  pleased,  he 
might  draw  them  so  tight  as  to  gall  them  to  the 
bone.  Hence  it  was  urged,  the  inequality  of  re- 
presentation, or  giving  to  one  man  more  votes  than 
another,  on  account  of  his  wealth,  &c,  was  alto- 
gether INCONSISTENT  WITH  THE  PRINCIPLES  OF  LIBER- 
TY ;  and  in  the  same  proportion  as  it  should  be  adopt- 
ed, in  favor  of  one  or  more,  in  that  proportion  are 
the  others  enslaved." 

These,  then,  are  the  opinions  of  such  men  as 
George  Washington,  James  Wilson,  James  Madison, 
Benjamin  Franklin  and  their  cotemporary  patriots  : 
and  these  opinions,  and  such  as  these,  they  consider- 
ed, and  we  consider,  the  war  of  the  Revolution  es- 
tablished. The  instance  adduced  by  Mr.  Luther, 
of  the  votes  of  the  nine  being  countervailed  by  the 
tenth,  is  precisely  analogous  to  the  state  of  things 
here.  Three-fifths  of  the  people,  in  violation  of 
their  rights  as  citizens  of  the  United  States  —  in  vio- 


44  MIGHT    AND     RIGHT. 

lation  of  their  rights  as  men,  are  held  in  complete 
slavery  by  the  remaining  two-fifths ;  and  their  his- 
tory will  show  that  they  have,  by  no  means,  always 
had  a  generous  and  lenient  master. 

Secondly  —  They  object  to  the  inequality  of  Re- 
presentation, and  consequently  Taxation  without 
Representation.  This  was  considered  one  of  the 
strongest  grounds  of  complaint,  upon  which  was 
based  the  war  of  the  Revolution.  And  is  not  the 
objection  valid  now,  as  it  was  then?  Nay,  is  not 
every  species  of  Wrong  and  Oppression,  infinitely 
more  daring  —  infinitely  more  degrading  now,  than 
it  was  then ;  because  it  conflicts  directly  with  the 
spirit  of  the  institutions,  which  all  the  Authorities 
profess  to  venerate  —  and  with  the  writings  and  sen- 
timents of  men,  whom  they  pretend  to  hallow  as 
almost  divine  ! 

By  a  provision  of  the  Charter,  Newport  was  to 
have  six  representatives ;  Providence,  Portsmouth, 
and  Warwick,  four  each  ;  and  each  other  town  of 
the  State,  two.  This  rule,  by  the  changes  which 
gradually  took  place  in  the  population,  came  to  be 
very  unequal.  Providence,  with  a  white  population 
of  21,870,  had  two  votes  less  than  Newport,  with 
only  7,909 ;  and  Warwick,  with  her  6,595  inhabi- 
tants, and  Portsmouth  with  her  1,692,  sent  each 
double  the  number  of  representatives  of  Smithfield, 
with  a  population  of  9,403 ;  and  so  on  through  the 
catalogue.  By  this  it  will  be  seen  that  a  very  large 
number  of  the  people  were  left  quite  unrepresented, 
although  they  paid  all  the  taxes  required  of  them, 
and  did  otherwise  the  duties  of  good  citizens.  Is  it 
not  wrong  that  the  non-freeholders  should  be  obliged 
to  pay  all  taxes  imposed  for  municipal  purposes, 
while  they  were  denied  a  voice  in  the  election  of  mu- 
nicipal officers  ?  And  also  that  they  were  not  permitted 
to  take  part  in  the  election  of  Representatives  to  the 
General  Assembly,  while  they  were  obliged  to  pay 


MIGHT    AND     RIGHT.  45 

all  taxes  imposed  by  the  Legislature,  being  bound 
to  serve  in  the  Militia,  or  Fire  Companies,  and  to 
equip  themselves,  together  with  their  sons  and  ap- 
prentices over  eighteen  years  of  age,  for  that  purpose. 
Furthermore,  that  they  can  have  no  voice  in  the 
election  of  Members  of  Congress,  nor  in  the  choice , 
of  the  Electors  of  the  President  and  Vice  President 
of  the  United  States,  though  they  are  free  citizens 
of  the  United  States,  paying  all  taxes  imposed  by 
Congress,  and  being  liable  to  be  drafted  from  the 
Militia  of  the  State  for  the  defence  of  the  country. 
How  is  their  condition  otherwise  than  that  of  serfs 
and  vassals,  the  world  over?  Circumstances  may 
have  given  to  their  intellect  a  somewhat  more  gene- 
rous expansion ;  but  in  as  far  as  he  can  have,  or  ex- 
ercise, any  power  over  his  own  rights,  the  non-free- 
holder of  Rhode  Island  is  as  much  enslaved,  as  if 
he  wore  a  real  chain,  fastened  upon  neck  and  limb 
with  an  iron  padlock. 

But  to  return  to  the  subject  of  Representation.  A 
Republican  Government,  or  Representative  Demo- 
cracy, has  been  defined  "  a  government  resulting 
from  the  will  of  a  majority,  ascertained  by  a  just 
and  equal  representation."  Let  us  measure  the 
claims  of  Rhode  Island  to  this  title.  We  shall  see 
whether  it  deserves  not  rather  the  title  of  Oligarchy, 
or  "a  Rule  of  the  Few." 

Providence  County,  with  a  population  of  58,077, 
had  only  22  Representatives,  while  all  the  other 
Counties,  with  an  aggregate  of  only  50,760,  had  50 
Representatives,  or  a  majority  of  14.  It  is  reckoned 
that  there  are  $32,640,000  of  taxable  property  in  the 
State.  Of  this,  $17,970,000  belongs  to  Providence 
County,  making  an  excess  of  $3,300,000  of  taxable 
property,  while  the  Representatives  are  only  22  to 
72.  In  Providence  County  the  average  of  taxable 
property  to  one  Representative,  was  $816,818,  while 
in    other   Counties   it  was   only   $293,400.     Thus 


46  MIGHT    AND     RIGHT. 

one  dollar  gave  almost  three  times  the  power  in 
the  Southern  Counties,  that  it  gave  in  Providence 
County ;  and  almost  five  times  the  power  in  New- 
port that  it  gave  in  Providence. 

But  if  we  look  more  closely  into  particulars,  we 
shall  find  still  more  glaring  features  of  injustice. 
Taking  the  number  of  votes  for  Electors  in  1840, 
as  the  standard  number  of  freemen  in  the  several 
towns,  I  proceed.  The  town  of  Jamestown  sends  1 
Representative  for  every  18  freemen,  while  the  town 
of  Burrillville  sends  but  1  for  every  126  freemen  ; 
the  town  of  Scituate  1  for  every  184  freemen ;  the 
town  of  Smithfield  1  for  every  289  freemen ;  and 
the  city  of  Providence  one  for  every  360  freemen. 
Thus  we  see  that  as  much  political  authority  might 
be  wielded  by  one  man  in  the  town  of  Jamestown, 
as  by  seven  in  the  town  of  Burrillville  ;  ten  men  in 
the  town  of  Scituate,  sixteen  men  in  the  town  of 
Smithfield,  and  20  men  in  the  city  of  Providence  \ ! 

It  will  be  easily  seen  by  this  exposition,  that  there 
is  always  opportunity  for  the  minority  to  control  the 
majority :  and  whenever  the  local  interests  of  the 
one  come  into  collision  with  those  of  the  other,  can 
they  be  expected  not  to  do  so  ?  What  can  be  more 
important  in  a  State,  than  a  just  and  equal  apportion- 
ment of  taxes  ?  And  yet  the  late  system  of  Repre- 
sentation (which  is  but  slightly  ameliorated  in  the 
present)  had  both  the  interest  to  sustain,  and  the 
power  to  perpetuate,  an  apportionment  unequal  and 
unjust  as  we  have  seen  above.  Is  there  not  here 
something  more  grievous  than  a  penny  tax  on  tea  ? 

Was  it  designed  by  our  ever-honored  founders 
that  such  inequality  should  exist  ?  Unquestion- 
ably not.  Could  the  venerated  Roger  Williams  now 
see  the  wrong  done  to  his  beloved  Providence, 
whose  name  hallows  it  as  a  City  of  Refuge  from 
Oppression,  his  dust  would  be  troubled  in  its  dis- 
honored  grave  ;    and    he  would    indignantly   start 


MIGHT    AND     RIGHT.  47 

forth,  to  rebuke  with  awful  severity,  his  weak  and 
vascillating  successors  ;  while  he  girded  on  once 
more  the  armor  of  Truth  and  Right,  grasping  again 
the  old  familiar  standard  of  Liberty,  to  lead  on 
the  ranks  of  Reform  towards  that  sublime  point  of 
eternal  Justice,  which  his  penetrating  eye  so  clearly 
saw  ! 


Thirdly.  They  consider  the  Law  of  Primogeni- 
ture, as  it  places  the  mere  accident  of  birth  para- 
mount to  natural  ability,  or  moral  character,  highly 
unjust  and  oppressive  ;  and,  therefore,  ought  to  be 
abolished,  as  a  remnant  of  feudal  barbarism,  which 
is  subversive  of  the  very  first  principles  of  Democ- 
racy. "  Primogeniture,"  says  Paine,  CJ  is  a  law 
against  every  law  of  Nature  ;  and  Nature,  herself, 
calls  for  its  destruction."  And  yet  this  corporation 
of  Aristocracy,  although,  confessedly,  man  has  no 
power  to  give  away  the  rights  of  posterity,  continue 
to  "  cram  Hereditary  Right  down  the  throats  of  the 
vulgar  — "  as  if  the  world  should  never  outgrow  its 
swaddling-clothes,  and  might  be  held  in  leading- 
strings  forever. 

Fourthly.  They  consider  the  act  of  propounding 
and  creating  freemen,  as  a  ridiculous  mockery  of 
power  —  at  once  degrading  to  the  receiver  and  an 
arrogant  assumption  of  power  in  the  donor.  It  is 
not  sufficient  that  a  man  should  have  even  the  re- 
quired amount  of  property,  but  he  must  be  pro- 
pounded, and  pronounced  free  —  the  seal  of  his 
freedom  depending  entirely  upon  the  will  of  the 
Town  Meeting.  This  is  what  no  man  of  dignity 
and  common  sense  should  submit  to  —  inasmuch  as 
freedom,  being  an  inherent  quality,  pre-existing  in 
our  nature,  it  is  impious  for  any  man  —  or  any  body 
of  men  —  to  claim  the  power  of  conferring  it  —  most 
impious  in  professed  Republicans.  It  is,  indeed,  so 
pitiful  a  sight  —  this  Republican-Legislative  gift  of 
freedom  to  man,  as  might  "  make  the  angel's  weep," 


48  MIGHT    AND     RIGHT. 


if  they  did  not  laugh  outright,  at  the  ridiculousness 
of  the  farce,  which  man  is  wont  to  get  up  from  time 
to  time,  on  the  narrow  "  boards "  of  Legislative 
Authority,  and  rehearse,  and  act,  with  such  supreme 
gravity.  Is  not  the  genus  simia  very  frequently 
represented  among  us  ;  nay,  is  it  not  possible  that 
our  High  Places  are  desecrated  to  "  Apism  ?  "  One 
might  fear,  from  all  this  inane  chattering,  that  man 
is  really  losing  the  soul  out  of  him ;  so  nearly  does 
he  come  to  resemble,  both  in  language  and  action, 
his  four-handed  brother  of  the  East.  But  courage, 
Reader  !  His  soul  is  not  lost.  It  is  only  forgotten. 
In  the  fulness  of  time  it  shall  be  remembered,  and 
reinstated  in  its  true  place  ;  though  it  may  be  in 
a  condition  much  cramped  and  palsied  with  long 
disuse  —  or  more  probably  misuse. 

Fifthly.  The  non-freeholders  of  Rhode  Island, 
being  ineligible  to  act  as  Jurors,  cannot  be  tried  by  a 
jury  of  their  peers.  Neither  can  any  non-freeholder 
undertake  a  case  at  law,  upon  his  own  right,  unless 
he  procure  the  name  of  some  freeholder  to  be  en- 
dorsed on  the  writ.  The  law  took  no  cognizance  of 
man,  as  man  ;  but  only  of  a  landed-property-adjunct, 
worth  $134  —  this  was  the  only  recognizable  man 
in  Rhode  Island.  Is  not  the  badge  of  servitude 
fearfully  visible  here  ? 

Sixthly.  The  General  Assembly  is  not  only  a 
Legislative  body,  but  also  the  Highest  Court  of 
Appeal.  In  other  States  the  Judicature  is  a  distinct 
and  independent  body  ;  and,  therefore,  can  interpose 
a  check  upon  the  Legislative  power  —  But  so  it  was 
not,  and  is  not  here.  The  Legislature  may  enact 
any  laws,  however  odious  ;  and  enforce  them,  being 
subject  to  neither  rebuke  or  question,  from  any 
higher  power.  It  may  be  safely  laid  down  as  a 
general  principle,  that  the  Legislative  body  should 
never  be  trusted  with  discretionary  power  over  the 
Elective   Right,   or   the   Judiciary.      The   learned 


MIGHT    AND     RIGHT.  49 

Chancellor  Kent  speaks  expressly  to  this  point,  in 
the  first  volume  of  his  Commentaries,  page  207. 
u  The  power  of  making  laws  is  the  supreme  power 
in  a  state  ;  and  the  department  in  which  it  resides 
will  naturally  have  such  a  preponderance  in  the  po- 
litical system,  and.  act  with  such  mighty  force  upon 
the  public  mind,  that  the  line  of  separation  between 
that  and  the  other  branches  of  the  government  ought 
to  be  marked  very  distinctly,  and  with  the  most 
careful  precision"  Quite  contrary  to  this  opinion 
has  been  the  connection  between  the  Legislative  and 
Judicial  Departments  of  our  Government.  One  in- 
stance will  show  the  dangerous  tendency  of  such  a 
position,  which,  as  the  case  is  both  interesting  and 
important,  I  shall  be  permitted  to  give  at  some  length, 
for  the  benefit  of  those  who  are  not  well  read  in  the 
tf  Memoirs  of  the  Rhode  Island  Bar." 

In  the  state  of  frightful  embarrassment  immedi- 
ately following  the  Revolution,  when  the  bills  which 
Congress  had  negotiated  in  Holland  for  the  purpose 
of  paying  oil*  the  army,  had  returned  unpaid  and 
protested,  and  laden  with  the  extra  burden  of  heavy 
damages,  the  salvation  of  the  Republic  appeared  at 
stake,  and  the  most  sanguine  hearts  were  shaken  with 
fear  —  hearts  that  had  borne  up  bravely  under  all 
the  doubts  and  horrors  of  a  protracted  warfare,  now 
became  stricken  with  dread,  and  almost  hopeless. 
In  this  crisis,  the  merchants,  prompted  by  immense 
profits,  exported  all  the  gold  and  silver  from  the 
country,  in  order  to  exchange  them  for  commodities 
which  were  much  needed.  So  scarce  was  money, 
that  the  borrower  had  to  pay  twenty  per  cent,  per 
annum,  interest ;  and  sometimes  four  per  cent,  per 
month.  The  brave  but  broken-down  soldiers  had 
returned  home,  penniless,  and  their  families  were 
clamorous  with  cries  of,  "  what  shall  we  eat  ?"  and, 
W  what  shall  we  drink  ?"  and  "  wherewithal  shall 
we  be  clothed?"  In  this  dilemma  a  band  of  politi- 
5 


50  MIGHT    AND    RIGHT. 

cal  gamblers  came  forward,  and  succeeded  in  per- 
suading the  people  that  they  had  discovered  the 
Midas-secret  —  the  art  of  converting,  by  their  magic 
touch,  the  most  worthless  substance  into  gold.  They 
obtained  a  great  majority  in  favor  of  their  project  — 
the  ruinous  project  of  issuing  a  paper  currency 
without  any  metallic  basis  ;  for  as  the  drowning  man 
will  catch  at  an  offered  straw,  so  the  distracted  bank- 
rupt will  seize  any  apparent  means  of  rescue,  how- 
ever inefficient  it  may  prove  to  be. 

The  General  Assembly,  in  1786,  emitted  the  enor- 
mous sum  of  £  100,000  of  paper  money  in  bills,  en- 
acting farther,  that  such  currency  should  be  a  good 
and  lawful  tender,  to  be  used  instead  of  money. 
These  bills  soon  fell  into  discredit ;  and  some  of  us 
can  now  remember  of  hearing  our  fathers  and  grand- 
fathers, tell  of  a  phenomenon  frequently  seen  in 
those  days,  never  perhaps  seen  in  any  other  —  that 
of  a  creditor  running  away  from  his  debtor,  to  avoid 
receipting  for  the  payment  of  his  note  ! 

But  at  the  session  of  the  following  June,  the  Ge- 
neral Assembly,  after  a  long  preamble,  setting  forth 
the  excellences  of  their  plan,  passed  an  Act,  making 
it  criminal  to  refuse  their  paper  bills  as  money,  to 
make  any  difference  between  them  and  gold  and 
silver ;  to  discourage  the  passing  of  them ;  or  to  de- 
preciate them  in  any  way ;  the  forfeiture  being,  for 
the  first  offence,  a  fine  of  £  100,  with  a  loss  of  eli- 
gibility to  any  office  of  trust,  profit,  or  honor,  in  the 
State.  In  August  again,  a  special  session  of  the  Le- 
gislature was  convened  —  making  three  sessions  in 
four  months  —  and  all  to  promote  the  wild  experi- 
ment of  converting  paper  into  gold.  At  this  last 
session  it  was  enacted,  after  a  preamble  which  it 
would  be  well  for  the  admirers  of  our  time-honored 
institutions  to  study,  as  an  instance  of  bare-faced  as- 
sumption of  despotic  power,  that  if  any  person  should 
refuse  to  receive  the  bills  as  coin,  he  should  be  cited 


MIGHT    AND    RIGHT.  51 

before  a  special  court,  in  three  days,  and  there  stand 
his  trial  without  a  jury.  And  judgment  was  to  be 
forthwith  executed  —  and  such  judgment  was  to  be 
final,  exclusive,  and  without  appeal.  There  is  our 
HONORABLE  General  Assembly,  in  full  length  and 
fair  colors !  And  have  we  not  had  in  these  days,  in- 
stances of  tyranny  as  hellish  as  that  act  was  intend- 
ed to  be  ?  An  Act  that  was  well  described  by  Rufus 
King.  "  Its  red  was  red  as  blood.  Its  black  was 
black  as  Tartarus."  Can  the  annals  of  any  civil- 
ised Government  produce  a  parallel  to  the  above 
acts  ?  And,  further,  all  the  freemen  in  the  State 
were  required  to  swear,  or  affirm,  that  they  would 
use  their  endeavors  to  give  the  paper  money  a  cur- 
rency equal  to  gold  and  silver ;  and,  upon  their  fail- 
ing to  do  so,  "  were  punished  as  for  willful  and 

CORRUPT  PERJURY." 

But  the  catastrophe  drew  near.  In  September, 
1786,  the  case  of  Trevett  vs.  Weeden,  arose.  The 
plaintiff  had  bought  meat  of  the  defendant,  who 
was  a  butcher,  and  offering  him  the  paper  bills,  was 
refused.  Gen.  Varnum  was  counsel  for  the  defend- 
ant ;  and  but  for  his  steadfast  and  straight-forward 
earnestness,  his  patriotism,  his  love  of  truth  and  jus- 
tice, a  deadly  precedent  might  have  been  established, 
and  the  vital  energies  of  the  young  Republic  have 
become  paralyzed  forever  !  To  use  the  words  of  the 
eloquent  Mr.  Updike,  "  He  happily  elevated  the 
court  above  the  trammels  of  party,  and  made  them 
feel  conscious  of  the  high  responsibility  of  their 
situation,  and  compelled  them  to  feel  that  they  were 
no  longer  <  paper  money'  tools,  mechanically  to  per- 
form the  works  of  a  junto,  but  robed  as  judges,  ex- 
pounding the  law,  and  the  constitution."  His  ap- 
peal to  the  magnamimity  of  the  Bench  was  not  in 
vain.  "  The  Court  adjudged  that  the  amended  acts 
of  the  Legislature  were  unconstitutional,  and  so, 
void." 


52 


MIGHT    AND     RIGHT. 


Now  mark  the  authoritative  and  dictatorial  mandate 
of  the  General  Assembly,  as  may  be  seen  on  their 
Record  to  this  day.  "  Whereas,  it  appears  that  the 
honorable  Justices  of  the  Supreme  Court  of  Judica- 
ture, Court  of  Assize,  &c,  at  their  last  September 
term  of  said  Court,  declared,  and  adjudged,  an  act  of 
the  Supreme  Legislature  of  this  State,  to  be  uncon- 
stitutional, and  so  absolutely  void.  And  whereas,  it 
is  suggested  that  the  aforesaid  judgment  is  unprece- 
dented in  this  State,  and  may  tend  to  abolish  the 

LEGISLATIVE    AUTHORITY    THEREOF,  it  is  VOted  and  ?'C~ 

solved,  that  all  the  justices  of  the  said  Court,  be 
forthwith  cited  by  the  Sheriff  of  the  respective  coun- 
ties in  which  they  live,  or  may  be  found,  to  give 
their  immediate  attendance  on  this  Assembly,  to  as- 
sign the  reasons  and  grounds  of  their  aforesaid  judg- 
ment." They  were  summoned  in  this  imperative 
manner,  and  that  without  ordinary  notice.  After  a 
tedious  and  protracted  trial,  which  was  urged  with 
the  greatest  violence  by  the  prosecuting  party ;  who 
Avould  be  satisfied  with  nothing  but  dispossessing  the 
Judges  from  their  places,  and  so  making  them  an 
example,  the  latter  were  finally  acquitted.  Their 
acquittal  was  mainly  owing  to  Gen.  Yarnum,  who 
undertook  their  defence,  and  in  a  series  of  eloquent 
appeals  seldom  equalled,  and  never  surpassed,  he 
overpowered  all  opposition,  and  produced  such  a 
strong  reaction  upon  the  public  sentiment  and  feel- 
ing, that  the  General  Assembly,  seeing  their  case 
utterly  hopeless,  were  glad  to  capitulate.  But  no 
thanks  to  them ;  for  justice  was  extorted,  not  freely 
rendered.  We  see  here  that  the  principles  laid  down 
in  Magna  Charta,  were  violated  by  acts  incompatible 
even  with  the  rights  of  British  subjects !  Had  not 
the  General  Assembly  possessed  the  power  to  make 
and  unmake  Judges,  at  least  once  a  year,  would  they 
have  dared,  in  the  first  place,  to  create  those  odious 
laws,  and  then  follow  up  their  course  by  such  a  high- 


MIGHT    AND  RIGHT.  53 

^handed  act  of  tyranny  and  usurpation  as  the  above  ? 
Men  of  Rhode  Island,  ponder  well  this  lesson.  The 
danger  is  not  over  yet !  Your  liberties  are  still  in 
the  hands  of  the  successors  of  .that  same  General  As- 
sembly. Through  this  defect  in  our  government, 
wise  and  thinking  men  have  long  seen  a  dangerous 
perspective  in  the  Future ;  and  their  view  was 
brought  fearfully  nigh  in  the  terrors  of  Martial  Law, 
which  to  this  day  has  never  been  repealed. 

Seventhly.:  They  consider  that  as  the  laws  of  a 
country  regulate,  not  only  its  natural  wealth,  but 
also  all  the  fruits  of  human  skill,  genius,  and  indus- 
try, and  are  capable  of  reaching,  not  only  the  earn- 
ings, but  the  liberty  and  life  of  any  citizen,  the  man 
who  is  denied  his  voice  in  making  laws,  which  he 
is,  nevertheless,  compelled  to  obey,  is,  in  the  fullest 
sense,  a  slave.  AH  his  rights  are  at  the  disposal  of 
others,  and  he  can  enjoy  even  liberty  and  life,  but 
by  courtesy,  as  it  were. —  and  Only  so  far  as  his  self- 
constituted  Rulers  think  them  worthless ;  or  from 
some  motives  of  policy,  dare  not  take  them  away. 
And  not  only  are  the  above  positions  true,  but  it  is 
to  be  presumed  that  laws  framed  by  an  exclusive 
class,  would,  almost  necessarily,  have  regard  to  the 
interests* of  that  class,  though  they  may  annihilate 
the  interests,  and  rights,  of  every  other. 

Finally:  They  object,  altogether,  to  the  strong 
concentration  of  power,  which  is  vested  in  the  Ge- 
neral Assembly « —  a  power  which  is  guarded  by  no 
constitutional  provisions,  and  is  amenable  for  its 
abuses  to  no  earthly  power,  but  the  court  of  a  foreign 
Monarchy.  The  Assembly  had,  or  rather  claimed, 
the  right  to  fix  the  price  of  freedom  at  just  what 
amount  they  pleased ;  so  that  although  it  may  be 
graciously  permitted  at  one  time  —  to  adopt  the 
kingly  phrases  which  please  their  ear  the  best  —  by 
their  "  especial  grace,  certain  knowledge,  and  mere 
motion,"  that  it  should  be  only  $134;  still  they 
5* 


54  MIGHT    AND    RIGHT. 

might,  as  legally  and  rightfully,  fix  the  terms  at 
$  134,000  ;  and  thus  constitute  an  Assembly  of  Lords, 
from  which  the  great  body  of  the  People  would  be 
forever  excluded.  Will  any  one  say  there  is  no 
danger  of  this  ?  Let  me  ask  him  what  security 
against  it  he  can  see  ?  I  perceive  none.  But  facts 
show  to  the  contrary.  The  Legislature  have  repeat- 
edly changed  the  qualification  —  the  particulars  of 
which  changes  were  given  in  a  former  chapter  — 
and  who  shall  say  that  they  may  not,  by  their  own 
sovereign  will,  or  more  sovereign  caprice,  change  it 
again,  and  that  for  the  worse  ? 

Finally :  They  considered  that  as  "  Government 
derives  all  its  just  power  from  the  consent  of  the  gov- 
erned," and  a  large  majority  of  the  people  had  never, 
by  any  public  act,  or  any  written  Instrument,  con- 
sented to  the  Government  of  this  State,  they  no 
longer  regarded  themselves  as  the  subjects  thereof, 
but  they  were  determined  to  put  their  own  hands  to 
the  work,  and  form  a  constitution  that  should  take 
cognisance  of  the  interests,  and  the  manhood,  of  the 
whole  people.  These  are  their  grounds  of  coin- 
plaint,  and  they  are  ready  to  submit  them,  not  to  the 
few  lordling  usurpers  of  the  Rhode  Island  Oligarchy, 
but  to  the  neighboring  States  —  the  United  States  — 
to  good  men  and  true,  the  world  over.  Let  their 
Principles  be  tried  by  the  Declaration  of  Independ- 
ence ;  by  the  Constitution  of  the  United  States ;  by 
the  writings  of  the  British  Patriots ;  by  those  of  the 
greatest  American  Statesmen  ;  by  every  Instrument, 
and  by  every  principle  which  Americans  hold  sacred, 
and  as  they  prove  true  or  false,  they  are  willing  to 
stand,  or  fall. 

But,  to  touch  once  more  upon  a  point  lately  dis- 
missed. If  Rhode  Island  possessed  the  right  to  dis- 
franchise her  citizens  in  regard  to  the  choice  of  state 
officers,  could  she  have  a  right  to  prevent  them  from 
taking  part  in  the  election  of  officers  under  the  Ge- 


MIGHT    AND    RIGHT.  55 

neral  Government  ?  The  Government  of  this  coun- 
try was  the  result  of  a  long  and  bloody  war  —  a  war 
in  which  Rhode  Island  was  the  first  to  put  life  and* 
limb  in  jeopardy,  and  in  which  the  Fathers  of  Rhode 
Island  toiled,  and  suffered,  and  bled,  to  sustain  the 
principle  of  the  natural  equality  of  man.  To  serve  in 
that  war  no  property-qualification  was  required  ;  and, 
to  our  everlasting  shame  be  it  spoken,  many  of  our 
bravest  men,  with  the  gallant  Barton  at  their  head, 
remained  to  their  death,  galled  by  the  fetters  of  po- 
litical slavery  —  unpossessed  of  the  blessing  which 
they  had  purchased  with  life-peril,  and  bitter  suffer- 
ing, and  sealed  with  their  blood !  A  few  of  these 
are  left,  even  now ;  nor  will  the  pealing  cannon,  nor 
our  loudest  boastings,  nor  triumphal  martial  melo- 
dies, on  the  Fourth  of  July,  quite  drown  the  discord 
of  their  clanking  chains  !  The  marks  of  long  years 
of  bondage  are  on  those  old  and  withered  arms, 
which,  in  the  vigor  of  early  manhood,  with  no  shield 
but  Truth  and  Right,  bore  bravely  up  the  standard 
of  young  Liberty,  amid  the  embattled  Hosts  of  Op- 
pression and  Slavery :  and  we  are  reaping  the  fruits 
of  their  toil,  casting  out  the  unrewarded  Laborer 
therefrom  !     Shame  !   Shame  ! 

Are  not  the  sons  of  those  who  established  the 
right  of  man  to  self-government,  heirs  of  that  right  ? 
And  should  they  longer  permit  an  arrogant  and 
usurping  Aristocracy  —  a  bribing,  cheating,  corrupt- 
ing Aristocracy  —  to  rule  over  them?  God  forbid. 
Unworthy,  then,  were  they  to  accept,  and  carry  out. 
the  high  mission  for  which  every  American  citizen 
should  conceive  himself  sent  into  the  world  —  to  be 


*  The  British  schooner  Gaspee  was  taken  June  17th,  1772, 
just  four  years  preceding  the  battle  of  Bunker  Hill,  when  Lieu- 
tenant Duddington,  the  commander,  was  badly  wounded.  On 
this  Rhode  Island  established  her  claim  to  having  spilled  the 
first  blood  in  the  Revolution. 


56  MIGHT    AND    RIGHT. 

an  Apostle  of  Liberty  —  to  preach  the  doctrines  of 
Man's  inherent  Rights,  best  exemplified  in  himself, 
before  an  enslaved,  enslaving,  and  slavish  world ! 


CHAPTER  IV. 

THE  RISE  AND  PROGRESS  OF  THE    SUFFRAGE  MOVEMENT. 

This  age  is  peculiarly  and  remarkably  an  age  of 
transition  —  of  reform.  The  spirit  of  liberty  which 
was  aroused  in  the  last  ages  has  been  very  far  trans- 
cended in  this.  Men  are  beginning  to  look  beyond, 
and  higher,  than  mere  physical  freedom,  and  to  per- 
ceive that  there  is  something  loftier  and  purer  than 
that  liberty  which  has  too  often  been  made  the 
theme  of  empty  declamation.  The  masses  of  men 
are  beginning  to  understand  something  of  them- 
selves —  and,  consequently,  of  their  correlative  du- 
ties and  rights.  They  catch  occasional  glimpses  as 
it  were,  of  the  long-obscured  inner  light  —  a  light 
long  hidden,  but  not  extinguished  ;  and,  as  it  bright- 
ens more  and  more,  they  are  turning  to  the  study  of 
themselves  —  their  nature  —  their  character  —  their 
rights  —  their  duties  —  their  destiny,  with  astonish- 
ment, and  reverence,  and  awe.  This  one  fact  in 
view,  it  will  be  seen  that  there  must  be  revolution  — 
either  political,  mental,  or  moral,  according  to  the 
circumstances  in  which  any  community  of  people 
may  be  placed.  But  simultaneously  with  these 
changes  has  been  developed  a  very  important  princi- 
ple, namely,  an  increased  tenderness  for  human  life, 
and  human  happiness.  The  great  sentiment  of  the 
age  is  the  love  of  Man.  There  are  many,  indeed, 
who  are  striving  to  the  utmost  to  retard  the  onward 


MIGHT    AND     RIGHT.  57 

movement  of  Humanity  —  and  such  are  all  monop- 
olizing corporations  —  as  Capitalists,  and  Aristocra- 
cies —  whether  hereditary  or  temporary ;  but  the 
impetus  is  too  strong  to  be  easily  checked  ;  and  ob- 
stacles overcome  will  only  accelerate  the  progress. 
The  spirit  of  the  age  will  not  long  permit  some  men 
to  live  sumptuously,  and  fatten  on  the  labor  of  oth- 
ers —  while  the  poor  laborer,  himself,  is  starving. 
No  exclusive  bodies  of  men  —  no  Aristocracies  — 
will  long  continue,  "Menetekel"  is  already  written 
upon  their  walls.  The  days  of  their  wrong  are  num- 
bered. They  must  be  weighed  in  the  balance,  and 
found  wanting  ;  and  their  kingdom  shall  be  divided. 
The  repealers  of  Ireland,  the  Chartists  of  England, 
the  Free  Suffrage  men  of  Rhode  Island,  are  awake, 
and  acting  ;  and  what  man,  or  what  body  of  men, 
may  have  sufficient  magnetic  power  to  reproduce  the 
state  of  inanity  from  which  they  have  been  so  effect- 
ually roused  —  to  paralyze,  and  put  them  to  sleep  ! 
Can  all  the  Lords,  Spiritual  and  Temporal,  of  Eng- 
land do  it  ?  Can  even  the  General  Assembly  of 
Rhode  Island  ?  Every  man  that  is  a  man,  indig- 
nantly, and  determinately,  must  answer  :   M  NO." 

Although  the  progress  of  our  Cause  was  early 
treated  with  silent  contempt  by  our  opposers  ;  and 
then,  when  they  could  but  see  that  we  were  doing 
something,  regarded  as  a  mere  farce  ;  yet  all  who 
looked  into  the  matter  with  a  philosophic  eye,  could 
see  the  foot-prints  of  Human  Liberty,  as  it  were  sen- 
sibly impressed  upon  the  passing  times,  illuminated 
with  a  strong  light  of  truth,  which  would  no  longer 
suffer  them  to  be  hidden.  This,  as  I  have  said  be- 
fore, is  not  a  question  of  mere  sectional  interest,  nor 
one  which  may  be  circumscribed  by  the  narrow 
boundaries  of  a  political  party  ;  for  it  is  founded  on 
a  principle  in  which  every  human  being  must,  soon- 
er or  later,  feel  an  interest.  The  issue  of  this  great 
question,  of  whether  government  is  instituted  for  the 


58  MIGHT    AND    RIGHT. 

good  of  the  people,  or  for  its  own  especial  preroga- 
tive —  the  people  being  bound  to  sustain  it,  though 
it  be  to  the  prejudice  of  their  own  rights,  contains  a 
principle  which  cannot,  in  this  our  day,  be  crushed 
and  smothered,  without  violating  the  common  sense 
of  mankind  ;  and  checking,  in  no  inconsiderable  de- 
gree, the  progress  of  light  and  liberty.  The  decis- 
ion which  is  now  making,  and  the  course  of  action 
which  leads  to  it,  will  not,  alone,  affect  us  and  our 
posterity.  The  neighboring  States  will  feel  and  be 
affected  by  it.  The  North  will  feel  it.  The  Re- 
publics of  Central  and  Southern  America  will  feel 
it ;  until,  finally,  throughout  the  whole  earth,  the 
chain  will  be  forged,  or  the  fetter  broken,  according 
as  we  prove  ourselves  bond  or  free.  It  is  in  this 
wide  relationship  to  all  Humanity  that  I  consider 
the  question  ;  and  so  all  wise  and  thinking  men 
among  us  regard  it.  But  I  will  leave  these  reflec- 
tions, and  proceed  to  narrate,  plainly  and  briefly  as 
possible,  some  of  the  principal  actions  and  events 
which  have  marked  our  course. 

By  the  War  of  the  Revolution  the  Government  of 
Rhode  Island  was  resolved  into  its  original  elements. 
The  allegiance  to  the  British  Crown  was  abrogated  ; 
and,  with  it,  the  British  Charter  became  an  absolute 
nullity.  It  could  not  be  otherwise  ;  nor  could  all 
the  talk  and  boasting  of  the  last  fifty  years,  some- 
what loud  though  they  were,  and  tedious  to  hear  — 
make  it  other  than  a  dead  body  —  dress  it  —  and 
decorate  it  as  they  might  —  it  was  still  dead  ;  and 
he  who  would  prove  otherwise  must  first  prove  that 
the  People  of  Rhode  Island  were,  up  to  the  year 
1841,  rightfully  subject  to  the  British  Crown.  By 
the  War  of  the  Revolution  the  Sovereignty  of  the 
People  was  established  —  though,  by  the  revelations 
of  these  days,  we  find  it  is  to  be  established  over 
again.  It  then  became  the  right  of  the  People,  as  a 
whole  body,  either  to  adopt  the  Charter  as  the  Law 


MIGHT    AND    RIGHT.  59 

of  the  State,  or  to  reject  it,  and  frame  a  constitution 
upon  republican  principles.  They  have  never  done 
either.  They  were  never  permitted  to  do  the  one, 
nor  asked  to  do  the  other.  The  non-freeholders 
being  considered  as  serfs,  their  seal  of  approbation 
was  in  no  wise  considered  necessary  to  the  validity 
of  any  public  document.  Being  thus  disfranchised, 
they  had  no  power,  in  the  accepted  sense  of  the 
term,  to  act  legally ;  and  the  continuation  of  the  old 
government  without  their  consent  —  which  was 
never  even  asked  for  —  was  clearly  a  usurpation  of 
their  rights,  and  in  violation  of  Section  IV,  Article 
IV,  of  the  Constitution  of  the  United  States,  which 
guarantees  to  every  State  in  the  Union  a  Republican 
form  of  Government. 

It  has  been  urged,  on  the  other  hand,  that  the 
People  did,  by  their  silence,  assent  to  the  Govern- 
ment ;  because,  at  the  time  they  did  not  protest 
against  it,  submitting  to  the  law  of  the  strongest 
without  complaint.  Other  Republicans  do  not  jus- 
tify them,  if  American  Republicans  claim  such 
assent,  as  the  rightful  grounds  of  instituting  a  gov- 
ernment. Algernon  Sydney,  volume  1,  page  415, 
after  having  shown  some  reasons  why  sufferance 
gives  no  consent  in  such  cases,  says,  page  416. 
"  And  those  who  are  under  such  governments,  do 
no  more  assent  to  them  though  they  may  be  silent, 
than  a  man  approves  of  being  robbed,  when,  without 
saying  a  word,  he  delivers  his  purse  to  a  thief  that 
he  knows  to  be  too  strong  for  him. 

"  It  is  not,  therefore,  the  bare  sufferance  of  a  gov- 
ernment, when  a  disgust  is  declared,  nor  a  silent 
submission  when  the  power  of  opposing  is  wanting, 
that  can  imply  an  assent,  or  election,  or  create  a 
right ;  but  an  explicit  act  of  approbation,  when  men 
have  ability  and  courage  to  resist  or  deny." 

This  "  explicit "  act  of  approbation  was  never 
shown.     There  is  no  act  on  record,  either  munici- 


60  MIGHT     AND    RIGHT. 

pal,  judicial,  or  legislative,  bearing  the  seal  and  sanc- 
tion of  the  whole  people  of  Rhode  Island.  It  is 
marvellous  ;  and  it  will  stand  as  a  recorded  wonder 
to  all  generations,  that  so  large  and  intelligent  a 
majority,  with  such  a  precedent  as  the  General 
Government  before  their  eyes,  and  with  such  ex- 
amples as  the  sister  States  around,  should  so  long 
have  submitted  to  the  sway  of  a  despotic  minority  — 
a  condition  of  worse  than  colonial  bondage,  for  had 
they  remained  subject  to  the  King,  to  the  King 
could  they  have  applied  for  a  redress  of  grievances  ; 
but  from  the  hydra-headed  tyrant  of  Rhode  Island, 
the  General  Assembly,  there  is  no  redress,  and  no 
appeal. 

Soon  after  Rhode  Island  entered  the  confedera- 
tion—  which  she  did  in  1790,  there  began  to  be 
popular  movements  in  favor  of  an  equalized  Repre- 
sentation, and  an  extension  of  Suffrage  ;  but  without 
success.  In  1811  the  subject  was  renewed  ;  and  a 
bill  to  extend  Suffrage  to  all  who  performed  military 
duty,  or  paid  taxes,  was  introduced.  This  bill  was 
passed  by  the  Senate  ;  but  was  lost  in  the  House  of 
Representatives.  But  the  spirit  was  not  subdued. 
In  1819,  and  the  three  following  years,  the  senti- 
ment was  gathering  depth  and  strength  ;  and  per- 
haps failure  only  added  to  its  yet-latent  force.  But 
little  was  done,  however,  more  than  to  keep  the 
subject  alive,  until  1824,  when  a  convention  was 
called  by  the  General  Assembly,  for  the  purpose  of 
forming  a  State  Constitution.  This  convention 
recommended  an  equalized  Representation.  They 
drafted,  and  proposed  to  the  freemen  a  Constitution, 
which  was  voted  down  by  a  large  majority  ;  and  a 
motion  to  extend  Suffrage  to  others  besides  Land- 
holders, received  but  three  votes.  This  might 
have  been  anticipated  by  one  at  all  acquainted  either 
with  the  organizing  body,  or  the  general  principle, 
that  a  privileged  class  guards  its  privileges  with  a 


MIGHT    AND     BIGHT.  61 

jealous  eye  ;  and  the  last  thing,  perhaps,  which  men 
relinquish,  voluntarily,  is  power.  But  still  the  fire 
was  not  quenched.  The  claim  of  man  to  manhood, 
and  all  its  prerogatives,  was  made  the  subject  of 
frequent  discourse,  of  petitions,  and  of  public  lec- 
tures. 

In  1829  renewed  interest  on  this  subject  was  ex- 
cited. The  disfranchised  inhabitants,  particularly 
those  of  Providence,  began  to  have  little  gatherings, 
which  gradually  increased  to  large  assemblies.  Pe- 
titions were  presented  to  the  General  Assembly,  one 
of  which,  signed  by  nearly  two  thousand  persons, 
was  so  far  respected  as  to  be  made  the  subject  of  a 
Report.  These  Memorialists,  after  introducing  them- 
selves as  u  permanent  residents  of  the  State  of  Rhode 
Island,"  proceed  to  enumerate  the  political  abuses 
under  which  they  labored,  praying  for  redress  —  but 
without  asking  for  universal  Suffrage.  The  whole 
tone  of  the  Memorial  is  at  once  respectful  and  manly  ; 
and  I  cannot  think  that  the  Reporting  Committee 
paid  much  attention  to  it ;  or  they  could  not,  as 
gentlemen,  as  men  —  have  replied  so  insultingly  to 
a  document,  which,  both  from  the  number  of  its 
signers,  and  the  spirit  of  its  contents,  was  eminently 
entitled  to  consideration  and  respect. 

But  let  us  give  a  passing  glance  at  the  Report, 
which  was  presented  by  the  late  Benjamin  Hazard, 
one  of  the  most  distinguished  members  of  the  House 
of  Representatives.  It  commences  with  the  declara- 
tion that  "the  Committee  have  not  thought  it 
necessary  to  enquire  particularly,  how  many  of  the 
signers  are  native  citizens  of  the  State."  Of  course 
not.  There  is  always  danger  of  making  enquiries 
in  such  cases,  as  the  General  Assembly  have  since 
felt.  A  questionable  right,  or  title,  is  always  safer 
in  the  dark.  After  very  courteously  informing  the 
petitioners  that  they  have  leave  to  withdraw  their 
6 


62  MIGHT  AND  RIGHT. 

petitions  from  the  House,  and  themselves  from  the 
State,  the  first  paragraph  ends. 

He  next  proceeds  to  show  that  the  right  of  Suf- 
frage, as  it  is  the  origin  and  basis  of  every  free-elec- 
tive government ;  so  is  it  the  peculiar  and  exclusive 
prerogative  of  the  people  ;  and  cannot,  without  in- 
fringing that  prerogative,  be  subjected  to  any  other 
control  than  that  of  the  people  themselves.  If  repre- 
sentatives of  the  people  chosen  for  the  ordinary  pur- 
poses of  legislation,  could  assume  a  control  over  this 
right ;  to  limit,  curtail,  or  extend  it,  at  will,  they 
might  disfranchise  any  portion  they  pleased,  of  their 
own  electors  ;  might  deprive  them  of  the  power  ever 
to  remove  them  ;  and  thus  reduce  the  government  to 
a  permanent  aristocracy. "  Most  heartily  do  we  re- 
spond to  this  declaration.  We  claim  the  right  of 
Suffrage,  as  "  the  peculiar  and  exclusive  prerogative 
of  the  people  ;"  and  because  it  is  not  in  the  hands  of 
the  people,  but  is  controlled,  altogether,  by  a  favored 
class,  and  their  legislators,  we  fear  that  the  govern- 
ment will  be  reduced  to  "a  permanent  Aristocracy." 
Experience,  as  well  as  reason,  teaches  us  that  the 
prerogative  thus  held  can  never  be  safe  ;  and,  there- 
fore, we  would  place  it  beyond  the  power  of  legisla- 
tors to  disturb  or  injure.  He  speaks  a  great  deal  of 
the  "sound"  part  of  the  community.  Does  he 
mean  by  that  term  to  represent  the  Bankrupt  Aris- 
tocracy, who  have  so  long  controlled  the  affairs  of 
Rhode  Island  ?  Would  not  the  term  be  at  least  as 
well  applied  to  the  respectable  Mechanics,  Trades- 
men, and  Operatives,  by  whose  unpaid  labors  many 
of  our  noble  swindlers  are  sustained  ?  He  distin- 
guishes the  Memorialists  and  their  party  as  "  loose 
and  floating  population ;  though  they  assert  them- 
selves to  be  permanent  residents  of  the  State.  Most 
gentlemanly  and  courteous,  to  say  the  least,  thus  to 
give  the  lie-direct  to  a  body  of  almost  two  thousand 


MIGHT    AND     RIGHT.  63 

men !  But  the  prerogatives  were  so  very  safe,  and 
the  power  so  strong,  and  the  Rulers  so  noble,  and 
the  People  so  servile,  there  could  be  no  danger  !  no 
disgrace  !  What  should  Omnipotence  have  to  fear  ? 
But  the  Reporter  in  some  degree,  justifies  himself  for 
his  most  sovereign  contempt,  by  representing  the 
Memorialists  as  a  degraded  portion  of  the  community 
—  as  aliens,  the  rabble,  and  the  like. 

Again,  page  6,  he  says :  "  The  restrictions  by 
which  the  welfare  of  society,  requires  that  the  elec- 
tive franchise  should  be  controlled,  do  not  at  all 
clash  with  the  great  truths  which  we  all  embrace  : — 
that  the  people  alone  are  sovereign  ;  and  the  source 
of  all  power  ;  that  governments  are  instituted  solely 
for  their  good  ;  and  that  the  majority  ought  to  gov- 
ernP  He  then  very  gravely  proceeds  to  neutralize 
those  important  truths,  by  defining  the  People  as 
the  u  Freemen  " — that  is  to  say,  the  manufactured 
men.  It  seems  by  this  definition  that  God  is  not 
Almighty,  as  has  been  foolishly  enough  believed  — 
He  cannot  make  "  Freemen,"  or  even  "  People  ;  " 
but  this  higher  power  has  been  held  in  reserve  by 
the  General  Assembly  and  Town  Meetings  of 
Rhode  Island !  What  new  systems  of  Philosophy 
and  Theology  may  grow  out  of  this  newly-discov- 
ered truth  I  cannot  attempt  to  predict.  The  political 
theory  which  may  be  established  thereupon  is  some- 
what more  apparent. 

The  Reporter  next  goes  on  to  draw  a  comparison 
between  the  masses  of  Rhode  Island,  and  those  of 
South  Carolina,  in  such  a  manner  as  to  shew  that 
he  ranks  them  together  —  that  he  believed  the  white 
laborers  of  his  native  State,  are  to  be  placed  on  a 
level  with  the  slaves  of  South  Carolina ;  and  this  by 
more  than  implication  ;  for  he  says  directly  :  "  We 
have  included  the  slaves  of  South  Carolina,  because, 
whatever  their  condition,  they  are  still  a  part  of  the 
people,  as  much  as  those  of  other   descriptions, 


64 


MIGHT    AND     RIGHT. 


who,  on  account  of  other  disqualifications,  are  exclu- 
ded from  the  exercise  of  the  right  of  Suffrage. " 
And,  simply  adding,  that  the  gentleman,  in  the  fer- 
vor of  his  patriotism,  deprecates  the  idea  of  making 
"  our  country,  everybody's  country,"  I  dismiss  the 
Report,  which  truly  deserves  notice  only  for  the 
high-handed  atrocity  of  its  doctrines. 

This  Report,  insulting  as  it  was  to  the  very  name 
of  manhood,  was  adopted  by  the  Oligarchy,  and 
printed  by  their  order.  It  was  openly  and  unblush- 
ingly  exulted  in,  as  the  most  effectual  rebuke  which 
the  white  slaves  of  Rhode  Island  had  ever  met  at 
the  hand  of  their  lordly  masters.  Here  it  will  be 
proper  to  say,  that  these  petitioners  were,  mostly,  the 
honest  and  stable  mechanics,  laborers,  and  yeomen 
of  the  State  ;  and  that  they  made  a  very  large  por- 
tion of  the  temperance  men,  the  friends  of  social 
improvement,  and  moral  rectitude  in  Rhode  Island  ; 
yet  they  were  villified  by  the  foulest  slanders,  and 
became  the  subject  of  every  abusive  epithet  which 
malice  or  falsehood  could  invent.  The  high  autho- 
rity of  the  press  was  prostituted.  Instead  of  respond- 
ing indignantly  to  the  audacious  claims  set  forth  in 
the  Report,  and  vindicating  itself  as  the  Palladium 
of  liberty  it  became  the  engine  of  despotism  —  the 
vile  pander  of  the  General  Assembly,  to  echo,  and 
re-echo  their  doctrines  —  to  distort  and  exaggerate, 
if  possible,  every  malicious  insinuation,  and  every 
false  charge. 

In  1832  another  attempt  was  made  by  the  people 
to  obtain  their  rights  ;  but,  like  the  preceding  ones, 
was  destined  to  failure. 

In  1833  the  question  was  brought  up  anew,  and 
weekly  meetings  at  the  Town  House  were  held  for 
its  discussion.  A  correspondence  was  also  opened 
on  the  subject  with  John  Qaiincy  Adams,  and  Fran- 
cis Baylies,  each  of  the  letters  from  Rhode  Island 
being  signed  by  six  persons,  those  sending  the  letter 


MtlGHT    AND    RIGHT.  65 

to  Mr.  Baylies  subjoining  their  trades  to  their  proper 
signatures.  In  his  reply  Mr.  Baylies  enters  into  the 
subject  at  full  length  —  and  ably  vindicates  the 
popular  sovereignty.  Mr.  Adams  is  more  concise, 
but  he  no  less  satisfactorily  answers  the  question 
asked  ;  namely,  whether  "  the  best  part  of  the  citi- 
zens of  Massachusetts  regret  the  extension  of  Suf- 
frage in  that  State  ;  and  would  willingly  adopt  the 
Rhode  Island  plan,  were  it  practicable  to  do  so."  It 
should  here  be  said  that  the  Suffrage  party  were 
continually  told  that  the  people  of  Massachusetts 
were  extremely  dissatisfied  with  their  system  of 
Suffrage,  and  would  willingly  change  it  for  the 
Rhode  Island  Charter  system,  if  they  could.  Mr. 
Hazard  says  this  of  the  Free  Suffrage  system  in 
general  — "  by  us  untried,  and  tried  by  others  only 
to  manifest  its  mischievous  effects,  and  the  fallacy  of 
the  principle  upon  which  it  is  predicated"  As  the 
letter  of  Mr.  Adams  is  short,  and  also  contains  a 
direct  contradiction  of  this  assertion,  I  insert  it  en- 
tire, to  shew  what  falsehoods  were  resorted  to,  in 
order  to  deceive  the  people. 

Quincy,  May  10th,  18&3. 

Gentlemen  :  I  have  received  your  letter  of  the  22d  of  last 
month,  enquiring  my  opinion  wkh  regard  to  the  adoption  in  the 
State  of  Rhode  Island  of  the  mode  of  practice,  in  Massachusetts, 
of  the  political  right  of  Suffrage. 

The  administration  of  the  Government,  and  the  modification  of 
the  Constitution  in  each  State  of  this  Union,  are  exclusively  at 
the  disposal  of  the  people  of  the  State  itself.  As  the  point  upon 
which  your  enquiries  turn,  is  one  upon  which,  I  conclude  from 
your  letter,  that  there  is  a  great  diversity  of  opinions  among  the 
people  of  your  State,  it  might  be  considered  obtrusive,  in  giving 
his  opinion,  for  a  stranger  to  pronounce  on  one  side  or  the  other. 
The  right  of  suffrage  is,  in  every  State  of  the  Union,  subject  to 
some  limitation,  but  scarcely  any  two  States  have  the  same. 

With  the  system  of  voting  established  in  Massachusetts,  so  far 
as  concerns  the  right  of  voting,  I  do  not  know  that  there  is  any 
dissatisfaction  among  the  people.  If  there  were,  it  is  probable 
measures  would  be  taken  for  amending,  in  that  respect,  the  Con- 
■Utution.  I  see  no  occasion  for  dissatisfaction  with  it,  myself, 
6* 


66  MIGHT    AND     RIGHT. 

and  feel  none.  Whether  it  would  be  expedient  for  the  people  of 
Rhode  Island  to  adopt,  T  am  not  competent  to  give  an  opinion, 
deserving  to  be  considered  of  any  authority.  Were  it  otherwise, 
I  would  cheerfully  give  it,  in  compliance  with  your  desire,  being, 
With  great  respect  and  consideration, 

Your  fellow  citizen, 

J.  Q.  ADAMS. 
Messrs.  Wm.  J.  Tilltnghast,      ^ 
Lawrence   Richards, 
William  Mitchell,  Providence,  R.  I. 

Seth  Luther,  {  ' 


William  Miller, 
David  Brown, 


i 


In  this  same  year,  May  10th,  a  meeting  of  those 
favorable  to  the  adoption  of  the  Massachusetts  mode 
of  Suffrage  was  held  at  the  old  Town  House,  at 
which  a  committee  appointed  at  a  primary  meeting, 
holden  April  19th,  made  their  Report,  which,  in  a 
very  spirited  manner,  set  forth  the  claims  of  the  non- 
freeholders. 

It  is  now  my  pleasant  duty  to  make  record  of 
more  strenuous  exertion,  and  vigorous  measures.  In 
1834  many  individuals  in  the  State  associated  them- 
selves together,  and  organised  a  party,  for  the  ex- 
press purpose  of  obtaining,  by  political  action,  an 
extension  of  Suffrage.  Invitations  were  given  from 
the  towns  of  Smithfield  and  Cumberland  to  several 
of  the  larger  towns  ;  and,  pursuant  to  these,  their 
delegates  assembled  at  Providence  to  deliberate  upon 
the  best  course  to  be  pursued  for  the  establishment 
of  a  written  State  Constitution,  that  should  properly 
define  and  fix  the  powers  of  the  several  departments 
of  the  government,  and  secure  the  rights  of  the  citi- 
zens. This  convention  assembled  at  Providence  on 
the  22d  day  of  February  ;  and  also  again  on  the  12th 
day  of  March  1834.  At  the  first  meeting  a  commit- 
tee were  appointed  to  prepare  an  Address  to  the  peo- 
ple of  the  State  ;  and  at  the  second  meeting  the  Ad- 
dress was  read  and  adopted.  Of  that  Committee, 
Thomas  W.  Dorr,  was  Chairman.     The  Address  is 


MIGHT    AND     RIGHT.  67 

a  noble  and  manly  production  ;  dignified,  yet  cour- 
teous —  calmly  and  clearly  setting  forth  the  claims  of 
Right  it  bore,  in  short,  the  mental  image  of  its  author, 
the  young  Champion  of  Liberty,  who  with  a  moral 
courage  which  few,  not  having  been  in  Rhode  Is- 
land, can  correctly  appreciate,  had  just  then  thrown 
off  the  trammels  of  social  and  hereditary  bondage, 
which  would  have  bound  him  forever  to  the  inter- 
ests of  a  narrow  clique.  Disregarding  alike  the  en- 
treaties of  friends  and  the  prospect  of  success,  and 
high  distinction,  which,  from  his  position  and  talents 
would  have  been  preeminently  secure,  he  voluntarily 
became  the  Friend  and  Advocate  of  the  poor,  the 
weak,  the  suffering,  the  enslaved  ;  and,  with  the 
godlike  vigor  of  a  young  Hercules,  he  began  battering 
away  upon  the  huge  black  walls  of  Oppression,  and 
of  Wrong;  resting  not,  yet  fainting  not,  for  he 
knew  that  they  must  fall.  And  when  the  events 
of  this  period  become  incorporated  with  the  History 
of  the  Past,  let  it  be  held  in  everlasting  remembrance, 
that  against  the  State-Despotism,  Thomas  Wilson 
Dorr,  the  destined  Liberator  of  Rhode  Island,  struck 
the  first  well-aimed  and  effective  blow.  Immediate- 
ly after  the  Convention  alluded  to  above,  the  Assem- 
bly began,  for  the  first  time,  to  exhibit  symptoms  of 
alarm  ;  and  several  influential  citizens  came  to  the 
wonderful  conclusion  that  something  should  certain- 
ly be  done.  Pursuant  to  this  resolution,  or  rather 
subterfuge,  another  Convention  was  called  ;  but  still 
not  of  the  People,  in  the  Republican  sense,  but  only 
in  the  Rhode  Island  sense  —  as  will  be  understood 
by  the  fact  that  a  motion  for  the  extension  of  Suffrage 
received  seven  votes. 

The  Constitutional  party  held  another  Convention 
in  1837 ;  at  which  they  passed  some  strong  Resolu- 
tions, and  took  higher  ground.  A  nominating  Com- 
mittee was  also  appointed,  with  instructions  to  pro- 
pose for  the  support  of  the  Constitutional  Party,  in 


68  MIGHT    AND    RtGHT. 

the  coming  April,  a  Ticket  of  State  Officers  favora- 
ble to  their  principles ;  and  to  report  a  Ticket  of 
candidates  friendly  to  the  same,  for  the  next  election 
of  Members  to  the  Congress  of  the  United  States. 
But  after  all,  no  visible  progress  was  made ;  and 
after  a  manful  struggle  of  four  years,  the  party  ex- 
pired, without  having  wrought  any  perceptible 
change  upon  the  fixed  determination  always  to  sus- 
tain the  present  Suffrage  laws. 

At  the  January  session  of  the  General  Assembly, 
in  1840,  an  Act  to  regulate  the  Militia  was  intro- 
duced, and  passed  by  that  body.  This  Act  made  it 
a  crime  for  any  man  to  refuse  to  do  Military  duty. 
A  court-martial  was  established,  to  impose  and  col- 
lect fines ;  and  any  refusal  to  pay  such  fine,  or  fines, 
subjected  the  offender  to  be  arrested  and  cast  into 
prison  among  the  vilest  criminals,  without  being 
allowed  any  favors  usually  extended  to  debtors. 
This  barbarous  law,  it  will  be  seen  at  once,  was  a 
direct  violation  of  that  clause  of  the  Charter,  by 
which  liberty  of  conscience  Avas  secured,  since  there 
were  many  in  the  State,  whose  principles  would  not 
permit  them  to  bear  arms,  or  to  aid  in  supporting  a 
Militia,  either  by  their  money,  or  otherwise.  It 
moreover  bore  with  disproportionate  heaviness,  as 
doubtless  it  was  designed  to  do,  on  the  non-freehol- 
ders, they  doing  the  largest  share  of  military  duty. 
This  Act  of  Assembly  was  the  nucleus  of  the  pre- 
sent Free  Suffrage  Movement.  Universal  dissatis- 
faction prevailed  among  the  last-mentioned  class  of 
citizens ;  complaints  were  made,  and  the  subject  be- 
came one  of  general  discussion.  In  these  discus- 
sions the  Mechanics  of  Providence  took  the  lead  ; 
and  after  frequent  and  earnest  councils  and  consulta- 
tions among  their  friends,  they  called  a  meeting  at 
Union  Hall,  for  the  purpose  of  considering  the  best 
means  of  obtaining  an  Extension  of  Suffrage,  and 
an  Equal  Representation.     The  night  was  stormy, 


MIGHT    AND     RIGHT.  69 

and  but  five  persons  were  present.  But  those  few, 
like  the  brave  men  of  Leonidas,  had  thrown  them- 
selves into  the  gap,  pledging  all  that  they  had,  and 
all  that  they  were,  resolving  to  live  like  men,  or,  like 
men,  to  die  in  the  conflict.  The  next  meeting  pre- 
sented a  rise  of  only  from  five  to  nine  :  but  from 
this  period  a  new  impulse  was  given  to  the  cause  ; 
and  the  spirit  of  Hope  that  had  so  long  deserted 
them,  once  more  appeared  bending  her  azure  pinions 
above  the  political  horizon. 

The  next  meeting  was  very  respectably  attended, 
and  no  inconsiderable  degree  of  talent,  right  think- 
ing, and  good  feeling  were  elicited.  Resolutions 
were  adopted,  expressing  strong  disapprobation  of 
the  course  of  the  General  Assembly  in  regard  to  the 
Militia  Law,  and  a  determination  to  regain  and  es- 
tablish their  rights.  The  spirit  that  was  manifested 
on  this  occasion,  brought  great  numbers  to  the  meet- 
ings ';  and  on  the  27th  of  March,  a  Preamble  and 
Constitution  were  adopted  for  their  future  govern- 
ment, under  the  name  of  the  Rhode  Island  Suffrage 
Association.  The  Preamble  is  a  noble  document, 
and  I  will  insert  it  entire. 

PREAMBLE. 

That  all  men  by  nature  are  free  and  equal,  we  consider  the 
plain  and  simple  doctrine  of  the  American  Constitution,  and  a 
self-evident  proposition  in  itself,  and  without  which,  republican- 
ism is  but  a  name. 

The  acquisition  of  property,  however  necessary  and  laudable, 
we  hold,  neither  increases  nor  multiplies  the  natural  rights  of  its 
possessors,  nor  diminishes  the  natural  rights  of  those  who  possess 
it  not.  Independent  of  artificial  government,  no  distinction  of 
right,  privilege,  or  rank,  could  exist  and  be  maintained,  except 
by  force,  nor  the  superiority  of  one  man  over  another. 

The  formation  of  the  social  and  civil  compact,  is  intended  for 
the  equal  mutual  benefit  and  protection  of  all ;  yet,  without  a 
perfect  equality  of  rights,  no  such  equality  of  benefit  and  protec- 
tion can  exist. 

Originally,  in  a  republic,  the  only  voluntary  government  on 
earth  formed  by  common  consent,  each  person  enters  the  asso- 


70  MIGHT    AND     RIGHT. 

ciated  body,  with  his  own  natural  and  inalienable  rights;  and 
which  no  human  power  has  the  rightful  authority  to  wrest  from 
him.  The  only  surrender  he  makes,  and  the  only  compromise 
into  which  he  enters,  is,  to  lay  down  his  personal  independence 
for  his  own  security,  and  to  be  governed  by  the  majority,  for  the 
benefit  of  the  whole.  In  doing  this,  it  is  altogether  inconceiva- 
ble that  any  man  should,  of  his  own  accord,  resign  the  right  to 
participate  in  the  selection  of  members  of  the  body  to  whr>m  the 
powers  of  government  are  to  be  delegated,  and  on  which  selec- 
tion his  freedom  or  slavery,  and  bis  happiness  or  misery  may  de- 
pend ;  and  no  longer  than  the  majority  shall  respect  this  right, 
can  they  justly  claim  his  obedience ;  and  that  for  the  very  sound 
and  obvious  reason,  that  in  so  doing  he  is  to  be  governed  as  a 
slave  and  not  as  a  freeman.  But  the  distinction  by  which  the 
right  of  suffrage  is  made  to  depend  on  the  possession  of  property, 
takes  away  the  natural  rights  of  the  man  by  force,  and  places 
him  completely  at  the  mercy  of  those  who  will  be  disposed  to 
oppress  him. 

If  the  possession  of  property  were  one  of  the  conditions  origi- 
nally ordained  of  heaven,  on  which  were  to  depend  the  right  of 
man  to  be  free,  and  to  act  as  a  freeman,  we  could  readily  under- 
stand how  and  why  the  loss  of  property  should  involve  the  loss 
of  those  rights  also.  But  when  we  reflect  that  all  are  originally 
destitute,  and  that  all  are  originally  alike  free  by  nature,  it  sur- 
passes our  comprehension,  how  or  why  the  accumulation  of  pro- 
perty by  one  man,  should  destroy  the  natural  rights  of  another. 
Yet  precisely  to  this  effect  the  laws  of  Rhode  Island  operate.  A 
large  majority  of  the  people  of  the  State,  are  deprived  of  all 
voice  in  the  government,  and  of  a  representation  in  the  legisla- 
tive body :  not  because  of  the  loss  of  property  by  themselves, 
but  because  of  the  accumulation  of  property  by  others.  By  this 
usurpation  of  despotic  power,  and  its  exercise  by  a  minority, 
whose  only  claim  to  the  exclusive  right  to  govern  is  based  on  the 
fortuitous  circumstance  of  wealth,  the  majority,  equally  honest, 
honorable,  intelligent,  and  patriotic,  and  equally  sharing,  or  will- 
ing to  share,  the  expenses  of  government,  are  denied  even  the 
name  of  freemen,  and  in  lieu  thereof,  have  entailed  upon  them 
the  first  and  most  degrading  attribute  of  slaves  ;  an  attribute  of 
which  no  one  can  divest  himself,  under  existing  circumstances, 
without  still  farther  degradation,  in  tacitly  acknowledging  him- 
self rightfully  a  slave,  by  purchasing  the  right  to  be  a  freeman. 

All  this  we  consider  a  gross  and  palpable  infraction  of  the 
rights  which  heaven  has  conferred  on  every  man,  and  which  no 
human  power  has  the  right  to  impair ;  and  in  violation  of  the 
Constitution  of  the  United  States ;  and  a  principle  which  con- 
verts the  term  republican  to  mockery,  when  applied  to  the  gov- 
ernment of  Rhode  Island. 

Ao-ainst  such  laws,  and  such  robbery,  thus  arbitrary  and  op- 


MIGHT    AND     RIGHT.  71 

pressive,  we  enter  our  solemn  protest;  and,  in  the  sight  of  God 
and  man,  we  pledge  ourselves  to  use  all  honorable  means,  con- 
sistent with  the  American  Constitution,  to  procure  their  abroga- 
tion. 

We  consider  the  government  of  Rhode  Island  a  despotism, 
and  totally  unworthy  the  name  of  republican,  and  having  no  just 
claim  to  the  confidence  and  respect  of  any  American  citizen. 
She  has  not,  and  never  had,  as  an  American  republican  State, 
any  compact  voluntarily  entered  into  by  the  people.  Her  only 
basis  of  government  is  an  imperfect  and  almost  obselete  instru- 
ment given  her  by  the  royal  prerogative  of  a  British  King,  as  a 
master  prescribes  rules  for  the  government  of  his  servants.  No 
formal  act  of  the  people  of  the  State  of  Rhode  Island  has  ever 
ratified  it.  Its  only  force  at  first,  was  the  paramount  authority  of 
the  British  Crown  over  its  dependent  colony;  and,  since  the 
American  Revolution,  it  has  been  merely  submitted  to  from  the 
difficulty  of  effecting  a  change. 

As  a  republic,  Rhode  Island  is  destitute  of  a  government: — 
Destitute,  because  she  has  no  voluntary  compact  of  the  people, 
and  no  Constitution  to  prevent  the  usurpation  of  the  legislative 
body,  to  define  ihe  powers  of  government,  or  the  right  of  the 
citizen.  These  constitute  the  only  true  distinction  between  a 
republic  and  a  despotism ;  and  of  these  Rhode  Island  is  desti- 
tute, and  yet  these  constitute  the  only  guarantee  for  the  safety  of 
her  citizens.  Her  government  is,  therefore,  a  despotism,  because 
the  legislative  power  is  paramount.  That  body  can  establish  and 
annul,  alter  and  amend,  the  principles  of  government  at  pleasure, 
and  enact  laws  which  may  continue  them  in  office  for  life. 

The  right  of  suffrage  is  the  first  principle  in  a  republic.  In 
all  free  States  it  should  be  defined  by  constitutional  provisions, 
adopted  by  the  people  in  their  primary  capacity ;  and  thus  placed 
beyond  the  power  of  legislative  interference.  Otherwise  it  may 
become  the  tool  of  ambitious  and  selfish  legislators,  —  be  altered 
and  amended  to  their  particular  views  or  desires,  to  the  injury  of 
the  State,  and  to  the  destruction  of  individual  rights.  By  the 
present  system,  the  legislature  may  at  any  time  increase  the  num- 
ber of  voters,  by  diminishing  the  amonnt  of  property  qualifica- 
tion, or  they  may  diminish  the  number  by  an  opposite  mode  of 
procedure,  so  as  to  place  the  control  of  the  affairs  of  State,  at 
the  ballot  boxes,  into  the  hands  of  one-fourth,  one-eighth,  or  one- 
sixteenth,  of  her  citizens,  and  there  is  no  principle  of  our  govern- 
ment to  prevent  it.  Such  a  power  is  dangerous  to  the  rights  of 
any  people,  and  cannot  comport  with  the  principles  of  republi- 
canism. 

Against  this  whole  system  we  solemnly  protest,  as  one  that  is 
arbitrary,  oppressive,  anti-republican,  and  disgraceful;  and  we 
pledge  ourselves  to  use  all  honorable  means  in  our  power,  to 
eradicate  it  from  the  State. 


72  MIGHT    AND     RIGHT. 


The  next  great  principle  of  a  republican  form  of  government, 
and  growing  out  of  the  former,  is  an  equal  representation,  all- 
essential  to  the  maintenance  of  equal  rights.  This  is  self-evi- 
dent, because  without  such  equality,  the  minority  may  generally 
rule  the  majority.  Our  present  inequality  of  representation  is 
monstrously  unjust.  Of  seventy-two  members  which  constitute 
the  House  of  Representatives,  more  than  fifty  represent  less  than 
one-half  the  population  of  the  State.  Providence,  containing 
one-fifth,  part  of  the  population  of  the  State,  sends  but  four  Re- 
presentatives, while  Newport,  with  less  than  one-half  that  pro- 
portion, sends  six.  Portsmouth,  with  a  population  not  equal  to 
that  of  one  of  the  six  wards  of  the  city  of  Providence,  has  a  re- 
presentation equal  with  that  of  the  whole  city.  Barrington  and 
Jamestown,  with  both  not  more  than  one  hundred  voters,  have 
each  a  representation  equal  to  that  of  any  country  town,  (except 
Warwick,)  having  three  times  as  many  voters  and  inhabitants  as 
both  of  them.  Such  is  the  monstrous  absurdity  of  our  system  of 
representation.  The  minority  govern  the  majority  at  the  ballot 
boxes ;  and  in  the  House  of  Representatives,  the  delegates  of 
less  than  one-third  may  govern  the  other  two-thirds.  If  this  be 
republican,  then  may  we  expect  to  see,  ere  long,  Great  Britain, 
with  her  throne,  her  aristocracy,  her  rotten  burroughs,  and  her 
millions  of  disfranchised  citizens,  ranked  among  modern  repub- 
lics. 

r*  Yet  worse  than  this,  probably  more  than  twelve  thousand  free 
jcitizens  of  the  United  States,  out  of  twenty  thousand,  resident  in 
Rhode  Island,  are  entirely  unrepresented  in  the  legislative  body, 
•and  deprived  of  all  voice  in  the  government  of  the  State,  though 
called  on  by  law  to  sustain  it,  and  to  protect  the  lives  and  pro- 
perty of  others.  They  are  deprived  of  the  first  and  most  essen- 
tial right  of  freemen,  for  the  want  of  a  few  square  feet  of  land, 
as  though  those  who  possessed  that  qualification  were  immacu- 
late, and  as  though  those  Avho  possess  it  not,  must,  in  conse- 
quence, be  destitute  of  intelligence,  honor,  honesty,  or  love  of 
country,  and  natural  and  political  right. 

We  solemnly  protest  against  this  flagrant  usurpation  of  power 
over  right,  as  arbitrary,  oppressive,  and  unjust;  and  which  sub- 
jects us  to  a  state  of  involuntary  political  servitude,  to  the  abso- 
lute despotism  of  a  domineering  minority.  The  right  of  suffrage 
we  do  not  ask  as  a  favor.  We  claim  it  as  our  own.  We  demand 
it  as  a  privilege,  a  right,  bestowed  upon  us  by  heaven  itself,  and 
unjustly  withheld  from  us  by  arbitrary  power.  God  helping,  we 
solemnly  pledge  ourselves,  independently  of  all  the  political  par- 
ties and  principles  of  the  day,  except  the  great  principles  of 
American  freedom,  steadily  to  pursue  our  object  till  our  purpose 
shall  have  been  accomplished,  and  we  find  ourselves  reinstated 
in  the  rights  which  heaven  bequeathed  us,  and  which  the  Ameri- 
can Constitution  guarantees. 


MIGHT    AND    RIGHT.  73 

Our  first  appeal  is  to  heaven,  for  the  justice  of  our  cause. 
Next,  to  the  whole  people  of  Rhode  Island,  to  aid  our  efforts 
through  the  medium  of  the  ballot  box.  Next,  to  the  General  As- 
sembly of  the  State,  to  do  us  justice.  These  Tailing,  our  final 
resort  shall  be  to  the  Congress  of  the  United  States,  through  an 
assembly  of  the  people,  and  if  need  be,  to  the  Supreme  Judicial 
Power,  to  test  the  force  and  meaning  of  that  provision  in  the 
Constitution,  which  guarantees  "  to  every  State  in  the  Union  a 
republican  form  of  government."  Our  rights,  once  for  all,  we 
determine  to  rescue  from  the  grasp  of  arbitrary  power,  and  not 
to  shrink  from  the  task  till  it  shall  have  been  accomplished.  WE 
KNOW  OUR  RIGHTS,  AND  KNOWING,  DARE  MAIN- 
TAIN THEM. 

Let  these  principles  be  kept  forever,  that  wher- 
ever men  are  struggling,  amid  the  devouring  billows 
of  Pride  and  Avarice,  which  the  winds  of  Tyranny 
are  lifting  mountain-high,  its  light  may  shine  forth 
as  a  guiding  star  —  the  watch-fire  of  those  who  have 
gone  triumphantly  over  the  deep,  amid  the  wildest 
storms,  cherishing  warmly,  and  bearing  safely,  their 
dearest  treasure  —  the  " pearl  of  great  price"  — 
Liberty. 


CHAPTER  V. 

MASS    CONVENTIONS. 

A  talented  and  efficient  member  was  chosen  Pre- 
sident of  the  Association  ;  and  weekly  meetings  con- 
tinued to  be  holden  until  the  following  October, 
when  the  tremendous  vortex  of  the  Presidential 
Election,  with  its  Utopian  schemes  of  reform,  had  so 
absorbed  and  swallowed  up  all  other  public  interests, 
that  it  was  judged  best  to  discontinue  the  meetings, 
until  that  excitement  had  somewhat  subsided.     But 


74  MIGHT    AND    RIGHT. 

there  were  vital  questions  abroad,  and  nothing  could 
quell  them. 

"  Is  the  law  of  the  minority,  who  happen  to  possess 
the  control  of  the  State  —  a  law  to  which  we  have 
never  consented  —  to  be  binding  on  us,  and  our  pos- 
terity, forever  ?    Must  we  longer  submit  to  be  trod- 
den under  foot,  and  crushed  in  the  dust,  by  men 
formed,  in  all  respects,  and  constituted  as  we  are  ? 
Are  the  men  of  Rhode  Island  less  just,  less  enlight- 
ened, less  patriotic,  than  their  neighbors,  that  they 
should  be  deprived  of  their  rights,  and  treated  like 
bond-slaves  ?    Are  we  bound  by  the  acts  of  our  Fa- 
thers ;  or  is  there  any  immutable  law  by  which  men 
may  bind  their  posterity  to  any  denned  course  of  ac- 
tion, or  any  position  in  society  ?    Was  this  govern- 
ment, indeed,  designed  by  our  Fathers,  themselves, 
to  be  a  government  of  the  Many,  or  of  the  Few  ? 
Did  they  not  speak  understandingly,  and  with  an 
eye  to  the  former,  when  they  called   it  a  <  Demo- 
cracie '  but  has  their  ideal  of  Freedom  been  recog- 
nised by  their  successors  ?    Would  Barton,  or  Olney, 
or  Greene,  have  recognised  the  General  Assembly's 
definition    of    '  People  ?'    Would  all  those  gallant 
spirits,  who,  when  roused  by  the  battle-cry  of  Free- 
dom, left  their  plough-share  in  the  furrow,  and  sped 
forth  to  the  rescue,  have  so  understood  it  ?  If  such  a 
thought  had  possessed  them,  would  they  not  have 
turned  back  in  sullen  sorrow,  as  from  work  unwor- 
thy, before  they  had  sealed  with  their  heart's  blood 
the  badge  and  the  bonds  of  servitude  ?    Would  they 
not  have  said  that  a  dragon  from  the  depths  below, 
and  not  the  strong-winged  Bird  of  Heaven,  should 
be  blazoned  on  our  national  standard,  fitting  emblem 
of    treachery  and   unbridled  lust  of    power?    Are 
1  Hope,'   and  the  '  Anchor,'  upon  our  State's  crest, 
to  be,  for  us,  forever  without  meaning  ?    When  re- 
spectfully asking  for  our  Rights  is  continually  treat- 
ed with  scorn,  shall  we  not  demand  them  ?"  When- 


MIGHT    AND     RIGHT.  75 

ever  men  met  together,  in  the  common  street,  the 
market,  shop,  and  warehouse,  at  the  public  meeting, 
or  by  the  private  fire-side,  such  questions  as  the 
above  were  asked ;  sometimes  with  the  clear  eye  of 
faith  shining  forth  in  the  questioner,  but  oftener  with 
a  heavy  heart,  and  a  troubled  look :  and  they  shall 
be  fully  answered  when  the  neighboring  States  — 
the  United  States  —  shall  be  true  to  Rhode  Island 
and  Republican  principles ;  but  above  all,  when 
Rhode  Island  shall  be  true  to  herself !  Heaven  speed 
the  day  ! 

When  the  bustle  of  the  Election  was  over,  the 
President  of  the  Association,  Doctor  Brown,  called  a 
meeting.  Five,  again,  was  the  whole  number  that 
could  be  collected  together  ;  yet  the  avowed  friends 
of  liberty  gradually  increased ;  and,  at  length,  took 
a  rapid  rise  from  few  to  many. 

A  weekly  paper  devoted  to  the  interests  of  the 
Suffrage  Party,  and  called  "  The  New  Age,"  was 
issued  about  this  time  ;  the  first  number  having  ap- 
peared on  the  20th  of  November.  This  sheet  was 
ably  edited,  and  well-sustained.  The  name  was 
singularly  appropriate  ;  for  its  friends  saw  it  was  the 
herald  of  a  new  age  —  a  new  era  in  the  Annals  of 
Human  Liberty.  The  Suffrage  Party  took  hold  of 
the  work  right  manfully,  and  the  paper  was  the 
means  of  eliciting  a  great  deal  of  truth,  and  a  great 
deal  of  talent. 

Suffrage  Associations  began  to  be  formed  in  differ- 
ent parts  of  the  State,  and  the  Promethean  fire  was 
diffused  abroad.  A  portion  of  the  members  of  these 
Associations  seemed  still  to  retain  a  ray  of  faith  in 
the  Legislature.  A  petition  was  drawn  up,  and 
signed  by  580  citizens  of  the  State,  who  would  not 
yet  believe  that  the  General  Assembly  would  forever 
turn  a  deaf  ear  to  their  oft-repeated  cry  for  justice. 
But  the  Minority  Legislature,  at  its  next  session  in 
January,  1841,  allowed  no  action  to  be  taken  on  it. 


76  MIGHT    AND    RIGHT. 

It  was  not  reported  in  the  regular  minutes  of  the 
Assembly,  but  was  treated  with  silent  contempt.  So 
much  for  the  sacred  Right  of  Petition  in  Rhode 
Island,  under  the  Oligarchy.  But  the  General  As- 
sembly, being  amenable  only  to  the  Government  of 
England,  could,  of  right,  (so  called)  violate  any  law 
not  conflicting  with  the  majesty  of  that  Kingdom. 
At  the  same  session,  a  memorial  from  the  freemen  of 
the  town  of  Smithfield,  which  had  been  lying  on 
the  table  for  several  years,  asking  for  an  additional 
Representative,  was  called  up  by  the  members  from 
that  town,  and  urged  so  strongly,  that  it  was  found 
impossible  to  get  away  from  it.  They,  therefore, 
requested  the  Freeholders  to  elect  delegates  to  a  con- 
vention, for  the  purpose  of  forming  a  constitution,  in 
whole,  or  in  part ;  and  to  show  how  studiously  they 
avoided  noticing  the  greatest  want  of  the  people, 
they  requested  the  committee  to  pay  particular  at- 
tention to  a  more  equalised  Representation ;  whilst 
the  Right  of  Suffrage  was  wholly  neglected. 

The  People  at  length  became  satisfied  that  they 
had  nothing  to  hope  from  a  convention  of  the  Free- 
holders, based  upon  the  rotten  borough  system  of 
representation.  After  mature  deliberation  on  the 
subject,  the  ablest  constitutional  lawyers  in  the  State 
were  consulted,  as  well  as  many  distinguished  gen- 
tlemen from  other  States,  who  all  agreed  that  the 
principles  upon  which  their  claim  was  based,  were 
correct.  Encouraged  by  such  assurances,  in  the 
month  of  February  following,  the  committee  of  the 
Rhode  Island  Association  drew  up  the  following 

DECLARATION  OF  PRINCIPLES. 

Believing  that  all  men  were  created  free  and  equal,  and  that 
the  possession  of  property  should  create  no  political  advantages 
for  its  holder,  and  believing  that  all  bodies  politic  should  have 
for  their  foundation  a  Bill  of  Rights,  and  a  written  Constitution, 
wherein  the  rights  of  the  people  should  be  defined,  and  the  du- 
ties of  the  people's  servants  strictly  pointed  out,  and  limited ;  and 


MIGHT  AND  RIGHT.  77 

believing  that  the  State  of  Rhode  Island  is  possessed  of  neither 
of  those  instruments,  and  that  the  Charter  under  which  she  has 
her  political  existence  is  not  only  aristocratic  in  its  tendency,  hut 
that  it  lost  all  its  authority  when  the  Independence  of  the  United 
States  was  declared ;  and,  furthermore,  believing  that  every  State 
in  the  Federal  compact  is  entitled  by  the  terms  of  that  compact 
to  a  Republican  form  of  Government,  and  that  any  form  of  gov- 
ernment is  anti-republican,  and  aristocratic,  which  precludes  a 
majority  of  the  people  from  participating  in  its  affairs ;  and  that 
by  every  right,  human  and  divine,  the  majority  of  the  state  should 
govern;  and,  furthermore,  and  finally,  believing  that  the  time 
has  gone  by  when  we  are  called  upon  to  submit  to  the  most  un- 
just outrages  upon  our  political  and  social  rights,  therefore, 

Resolved,  That  the  power  of  the  State  should  be  vested  in  the 
hands  of  the  People,  and  that  the  People  have  a  right,  from  time 
to  time,  to  assemble,  either  by  themselves,  or  their  Representa- 
tives, for  the  establishment  of  a  republican  form  of  government. 

Resolved,  That  whenever  a  majority  of  the  citizens  of  this 
State,  who  are  recognised  as  citizens  of  the  United  States,  shall, 
"by  their  delegates  in  convention  assembled,  draft  a  constitution, 
and  the  same  shall  be  accepted  by  their  constituents,  it  will  then 
be,  to  all  intents  and  purposes,  the  Law  of  the  State." 

These  Resolutions  were  passed  unanimously,  by 
the  different  Associations  of  the  State.  For  the  fur- 
therance of  the  cause,  and  in  order  to  a  more  concen- 
trated and  efficient  action,  a  Mass  Meeting  was  called, 
to  be  holden  on  the  17th  of  April.  In  obedience  to 
the  call,  the  men  of  Rhode  Island,  for  the  first  time 
since  the  Revolution,  assembled  themselves  together 
for  their  rights.  The  day  was  ushered  in  by  the 
ringing  of  all  the  bells  in  the  city,  with  one  solitary 
exception  —  that  of  the  First*  Congregational 
Church  being  mute ;  and  for  the  first  time  in  our 
city  the  bells  woke  to  the  call  of  Equal  Rights,  and 

*  The  Sexton  had  made  an  agreement  with  the  committee,  that 
this  bell  should  send  forth  its  joyous  notes,  but  was  forbidden  by 
the  committee  who  have  charge  of  the  house.  The  bell  of  the 
High  Street  Church  was  twice  stopped  by  some  aristocrat  clothed 
in  "a  little  brief  authority,"  but  would  not  stay -so;  for  immedi- 
ately on  his  leaving  the  house,  it  again  sent  forth  its  joyous  peals. 
New  Jlge. 

7# 


78  MIGHT    AND    RIGHT. 

summoned  the  people  of  the  several  wards  to  form 
themselves  into  companies  under  the  command  of 
Ward  Marshals.  The  day  was  inclement,  but  the 
occasion  triumphed.  There  were  between  three  and 
four  thousand  persons  in  the  procession,  and  upwards 
of  four  thousand  on  the  ground,  notwithstanding  the 
Journal  made  report  only  of  "  about  two  thousand 
four  hundred,  of  whom  two  hundred  and  thirty-two 
were  mounted,  and  thirty-five  in  carriages,  and  they 
were  about  twenty  minutes  in  passing."  Never, 
perhaps,  was  there  a  result  obtained  from  any  public 
meeting,  so  entirely  beyond  expectation,  as  was  af- 
forded by  this  Parade.  The  committee  were  obliged 
to  extend  their  arrangements,  from  accommodations 
for  four  or  five  hundred,  to  accommodations  for  al- 
most as  many  thousands.  Up  to  the  morning  of  the 
very  day,  many,  even  of  those  friendly,  continued  to 
be  incredulous ;  and  many  a  lip  was  dressed  with  a 
sneer,  and  many  a  brow  wore  a  contemptuous  frown, 
as  the  citizens  met  the  small  advocates  of  pap  and 
leading-strings,  when  passing  quietly  along,  to  the 
ground  where  the  procession  was  to  form.  The  per- 
sons in  the  precession  were,  in  accordance  with  a 
previous  Resolution,  dressed  in  citizen's  dress,  with- 
out arms.  There  was  a  dignity,  a  conscious  manli- 
less,  pervading  the  whole  body,  such  as  has  been 
seldom  witnessed.  It  is  said,  "  The  consciousness 
of  RIGHT  makes  gcds  of  common  men  ;"  and  when 
we  add  to  this  the  consciousness  of  injury,  we  have 
the  secret  of  that  noble  and  intrepid  bearing.  Many 
of  the  banners  were  fine,  bearing  pithy  and  appro- 
priate mottoes.     The  Pawtucket  banner  had  this, 

"Worth  makes  the  man ;  but  sand  anJ  gravel  the  voter.** 

On  the  reverse, 

"Virtue,  Patriotism,  and  Intelligence ;  versus  one  hundred  and 
thirty-four  dollars*  worth  of  dirt." 


MIGHT    AND     RIGHT.  79 

On  the  Central  banner  was  inscribed, 
"Greene,  Barton,  Perry." 
On  the  reverse, 
"  Roger  Williams,  Stephen  Hopkins,  William  Ellery." 

The  Revolutionary  Soldiers  occupied  five  car- 
riages, and  were  twenty-two  in  number.  They 
bore  on  their  banner  the  following  appropriate  in- 
scription : 

"  We  have  fought  for  freedonj." 

On  the  reverse, 

"  Shall  we  die  without  our  freedom  ?  " 

The  Smithfield  banner  had  the  fallowing  : 

"  Rhode  Island  says  she  will  be  free.     Spirit  of  1776." 

On  the  reverse, 

"  We  ask  for  liberty.     No  dodginjr  the  question.     The  Char 
ter  ;  Rhode  Island's  last  shackle." 

I  might  select  many  others,  but  forbear.  The 
procession  marched  to  the  animating  tones  of  a 
piece  of  new  music,  the  Free  Suffrage  Quickstep, 
which  was  composed  for  the  occasion  by  one  of 
their  members,  Mr.  Gartee  ;  and  its  length  was  so 
great,  that  when  the  Butchers,  who  made  the  front, 
had  arrived  at  the  enclosure  on  Jefferson's  Plain,  the 
Draymen  who  formed  the  rear  were  just  crossing 
Weybosset  Bridge  —  at  a  distance  of  three  quarters 
of  a  mile.  After  the  procession  had  entered  the  en- 
closure, the  one  hundredth  Psalm  was  sung,  and  an 
appropriate  prayer  was  offered  by  the  Rev.  Wm.  S. 
Balch.  The  Address  was  omitted  on  account  of  the 
rain  ;  and  the  prepared  collation  being  Hastily  parta- 
ken of,  the  procession  again  formed  and  paraded 
back  to  the  City  Hotel,  where  they  were  dismissed 
by  the  Chief  Marshal,  in  perfect  order,  at  3  o'clock, 
P.M. 


80 


MIGHT    AND    RIGHT. 


An  adjourned  meeting  took  place  in  the  Town 
House  in  the  evening  ;  when  the  toasts  which  could 
not  be  attended  to  on  the  Plain,  owing  to  the  in- 
clemency of  the  weather,  were  read.  They  were 
generally  spirited  and  appropriate.     I  select  a  few. 

"From  General  Harrison's  Inaugural  Address.  'The  benefi- 
cent Creator  has  made  no  distinction  amongst  men ;  all  are  upon 
an  equality.  The  only  legitimate  right  to  govern  is  an  express 
grant  of  power  from  the  governed?  " 

"  Our  venerable  guests,  the  revolutionary  veterans  ;  May  they 
live  to  see  the  disfranchised  citizens  of  Rjiode  Island  enjoy  the 
rights  for  which  they  shed  their  blood." 

"  An  Extension  of  Suffrage  —  not  a  boonto  be  humbly  craved, 
but  a  right  to  be  boldly  demanded.'' 

"  The  Suffrage  Association  —  the  Tree  of  Liberty.  May  its 
fruit  be  for  the  healing  of  .-.Rhode  Island." 

"  A  new  star,  not  yet  noted  by  philosophers,  has  shone  with 
brilliancy  this  day  in  Rhode  Island.  May  its  effulgent  rays  warm 
the  heart  of  every  true  son  of  liberty';" 

"  The  Freemen  and  the  Free-man.  A  distinction  invented  by 
tyranny,  perpetuated  by  injustice  — unfit  for  republicans;  may  it 
perish  with  our  Royal  Charter." 

"  The  twenty-two  Revolutionary  soldiers  who  have  celebrated 
this  day.  May  they  never  have  occasion  to  celebrate  another, 
while  any  of  their  number  remain  in  political  slavery." 

"  The  sons  of  Rhode  Island  have  this  day  shown  themselves 
worthy  of  liberty." 

The  advantages  obtained  at  the  late  meeting  were 
immediately  followed  up  by  issuing  a  call  for  a  Mass 
Convention,  to  be  holden  at  Newport,  on  the  fifth 
day  of  the  May  following.  This  Convention  was 
called  for  the  purpose  of  taking  preliminary  steps, 
for  the  framing  and  adoption  of  a  Constitution,  which 
should  contain  a  Bill  of  Rights,  equalize  taxation,  or 
weigh  it  in  the  balance  against  Representation  ; 
limit  the  power  of  the  Assembly  ;  secure  the  Free- 
dom of  the  Press,  and  the  rights  of  the  People  from 
legislative  influence  ;  and  establish  a  uniform  system 
of  Education. 

Pursuant  to  the  call,  the  Convention  met  at  New- 
port, on  the  appointed  day,  at  11  o'clock,  A.  M.;  the 


MIGHT    AND     RIGHT.  81 

assembly  being  holden  in  an  enclosure  at  the  head 
of  Town  street,  called  u  the  Church  lot."  As  the 
very  important  Resolutions  which  were  adopted  at 
this  Convention,  exhibit  the  true  features  and  char- 
acter of  the  Suffrage  movement,  I  give  them  entire, 
and  in  their  regular  order. 

PREAMBLE. 

"  Whereas,  It  is  the  undeniable  right  of  the  people  at  all  times, 
peaceably  to  assemble  for  consultation  and  conference  touching 
the  government  under  which  they  live,  and  which  they  assist  in  sup- 
porting ;  and  independently  utter  and  set  forth,  on  such  occasions 
of  meeting  together,  their  views,  sentiments  and  plans  relative  to 
the  correction,  as  well  of  defects  in  the  organization  of  govern- 
ment, as  of  faults  in  the  administration  of  the  same : 

'•We,  a  portion  of  the  people  of  the  State,  now  assembled  at 
Newport  in  a  Mass  Convention,  formed  from  all  parts  of  the 
State,  and  acting  in  behalf , of  the  great  body  of  our  unenfran- 
chised citizens,  do  declare  their  and  our  opinions  and  purposes 
in  the  following 

RESOLUTIONS. 

First.  Resolved.  That  it  is  repugnant  to  the  spirit  of  the 
Declaration  of  American  Independence,  and  derogatory  to  the 
character  of  Rhode  Island  republicans,  to  acknowledge  the 
Charter  of  a  British  King,  as  a  constitution,  or  any  part  of  a 
constitution  of  political  government,  while  we  venerate  the  illus- 
trious names  of  Roger  Williams,  and  John  Clarke,  to  whose 
untiring  ability  and  perseverance  the  colony  of  Rhode  Island  was 
indebted  for  this  grant  from  the  thrOne  of  England,  so  well  adapt- 
ed at  the  time  to  the  wants  of  his  Majesty's  subjects,  and  so  libe- 
ral in  its  concessions,  we  are  at  the  same  time  aware  that  in 
almost  all  respects,  excepting  the  immortal  declaration  and  guar- 
anty of  religious  freedom,  it  has  become  insufficient  and  obsolete  ; 
that  it  has  discharged  the  functions  for  which  it  was  intended, 
and  that  it  should  be  laid  aside  in  the  archives  of  the  State  ;  and 
no  longer  be  permitted  to  subsist  as  a  barrier  against  the  Rights 
and  Liberties  of  the  peopb. 

Second.  Resolved,  That,  in  the  opinion  of  this  Convention,  on 
the  occurrence  of  the  American  Revolution,  when  the  ties  of 
allegiance,  which  bound  the  subjects  of  this  colony  to  the  throne 
of  England,  were  dissolved,  the  right  of  sovereignty  in  accord- 
ance with  the  principles  of  Republican  Government,  passed  to 
the  whole  body  of  the  people  of  this  State,  and  not  to  any  special 
or  favored  portion  of  the  same  ;  that  the  whole  people  were,  and 
are,  the  just  and  rightful  successors  of  the  British  King,  and  as 
auch  were,  and  are,  entitled  to  alter,  amend,  or  annul  the  form 


82 


MIGHT    AND    RIGHT. 


and  provisions  of  Government,  then  and  now  subsisting",  with  the 
sole  restriction  imposed  by  the  Constitution  of  the  United  States, 
and  in  their  Original  and  Sovereign  capacity  to  devise  and  estab- 
lish such  a  Constitution,  as  they  may  deem  to  be  best  adapted  to 
the  general  welfare. 

Third.  Resolved,  That  no  lapse  of  time  can  bar  the  rights  of 
sovereignty  inherent  in  the  people  of  this  State ;  and  that  their 
omission  to  form  a  Constitution,  and  their  toleration  of  the  abuses 
under  which  they  have  so  long  labored,  are  to  be  regarded  as 
proof  of  their  long-suffering  and  forbearance,  rather  than  as  argu- 
ments against  their  power  and  their  capacity  to  right  themselves, 
whenever,  in  their  opinion,  redress  from  the  government  at  pres- 
ent subsisting,  is  hopeless. 

Fourth.  Resolved,  That  the  time  has  now  fully  arrived  for  a 
vigorous  and  concentrated  effort  to  accomplish  a  thorough  and 
permanent  reform  in  the  political  institutions  of  this  State. 

Fifth.  Resolved,  That  a  system  of  government,  under  which 
the  legislative  body  exercises  power  undefined  and  uncontrolled 
by  fundamental  laws,  according  to  its  own  "  especial  grace,  cer- 
tain knowledge  and  mere  motion"  and  limits  and  restricts  the 
right  of  Suffrage,  and  makes,  and  unmakes,  the  people  at  its  plea- 
sure, is  anti-republican  and  odious  in  its  character  and  operations, 
at  war  with  the  spirit  of  the  age,  repugnant  to  the  feeling  of  every 
right-minded  Rhode  Island  man,  and  ought  to  be  abolished. 

Sixth.  Resolved,  That  the  public  good  imperatively  requires 
that  the  powers  of  the  Legislature  and  the  rights  of  the  citizens 
should  be  denned  and  fixed  by  a  WRITTEN  STATE  CON- 
STITUTION. 

Seventh.  Resolved,  That  the  Representation  of  the  towns 
in  the  General  Assembly,  as  originally  established  by  the  provis- 
ions of  the  Charter  of  King  Charles  Second,  had  reference  to  the 
then  existing  population  of  the  same,  and  was,  at  that  time,  not 
unfairly  adjusted  to  it ;  but  that,  by  the  great  increase  of 
population  in  the  towns,  the  existing  apportionment  has  become 
exceedingly  unequal  and  unjust  in  its  operation  ;  and  that  a  new 
assignment  of  Representatives  among  the  towns,  according  to 
population,  will  be  an  indispensable  article  in  a  Constitution  for 
this  State.  A  majority  of  the  Representatives  to  the  General 
Assembly  are  now  elected  by  towns  containing  less  than  oner 
third  of  the  population  of"  the  State  ;  and  some  of  the  towns  vary 
in  their  disproportion  of  representation  over  other  towns,  from 
twice  to  twenty  times  what  they  are  entitled  to,  under  the  just 
principle  of  distribution  above  named  —  an  inequality  not  un- 
common in  the  monarchies  of  Europe,  but,  with  the  single  excep- 
tion of  Rhode  Island,  unknown  in  the  United  States. 

Eighth.  Resolved,  That  at  the  foundation  of  this  State,  and 
long  after,  property  in  land  was  not  only  the  principal  property  of 
the  citizens,  but  was  so  easily  attainable  that  a  landed  qualifica- 


MIGHT    AND    RIGHT.  83 

tion  for  voters  (first  definitely  established  in  the  colony,  by  the 
Legislature,  in  1724)  excluded  only  a  small  portion  of  the  people 
from  political  power ;  but  that  the  circumstances  of  the  people 
have  since  greatly  changed,  and  that  the  existing  qualification 
for  voting,  has  the  effect,  contrary  to  the  design  of  those  who 
first  established  it,  of  excluding  the  great  majority  of  16,000  out  of 
25,000  over  the  age  of  twenty-one  years,  from  all  political  privi- 
leges and  participation  in  the  affairs  of  government ;  and  that 
although  we  entertain  a  high  and  becoming  respect  for  Farmers, 
and  their  just  influence  in  this  State,  we  are  not  insensible  to  the 
merits  of  their  own  younger  sons,  of  the  Mechanics,  the  Mer- 
chants, the  Working  Men  and  others,  who  own  no  land ;  and 
that  we  are  of  opinion,  that  the  longer  continuance  of  a  landed 
qualification  for  voters  is  a  great  injustice  and  is  contrary  to  the 
spirit  and  principles  of  a  Republican  Government ;  and  that  a 
constitution  for  this  State  will  be  altogether  insufficient,  unsatis- 
factory and  unpracticable,  that  does  not  restore  to  the  body  of 
the  people  of  this  State  the  rights  and  privileges  of  American 
Citizens. 

Ninth.  Resolved,  That  a  continuance  of  the  provisions  of  the 
present  Charter  relating  to  representation,  and  of  the  act  of  the 
Legislature  requiring  a  freehold  estate  to  entitle  a  citizen  to  vote 
for  public  officers,  has  the  effect  not  only  of  vesting  the  control  of 
the  General  Assembly  ;  as  we  have  before  seen,  in  less  than  one- 
third  of  the  population,  but,  as  the  voters  in  this  third  are  only  a 
third  part  of  the  whole  number  of  the  adult  citizens,  it  has  this  fur- 
ther effect  also,  the  most  oppressive  and  odious  of  all,  of  placing 
the  control  of  the  Assembly  and  of  the  State  in  one-ninth  part  of 
its  adult  population,  or  in  other  words  ;  in  the  hands  of  less  than 
3,000  men  of  25,000  who  are  over  twenty-one  years  of  age. 

Tenth.  Resolved,  That  such  a  state  of  things  is  a  bold  and 
hardy  defiance  of  all  popular  rights,  and  is  a  total  departure  from 
the  principle  avowed  at  the  first  session  of  the  General  Assembly 
in  the  year  1647,  who  then  solemnly  declared  and  voted  that  the 
Government  of  this  State  should  be  a  DEMOCRACY. 

Eleventh.  Resolved,  That  the  American  system  of  govern- 
ment, is  a  government  of  Men,  and  not  of  Property,  and  that  while 
it  provides  for  the  ample  protection  and  safe  enjoyment  and  trans- 
mission of  property,  it  confers  upon  it  no  political  advantages,  but 
regards  all  men  as  free  and  equal,  and  expects  from  them  no  price 
for  the  exercise  of  their  birth-right ;  and  that  therefore,  the  un- 
doubted rights  and  privileges  of  the  people,  as  well  as  the  true 
honor  and  prosperity  of  the  State,  can  only  be  completely  obtain- 
ed and  permanently  insured,  by  a  written  Constitution,  whose 
framers  shall  be  chosen  from  the  people  of  the  towns,  in  pro- 
portion to  population ;  and  which  shall  be  approved  and  ratified 
by  the  people  at  large  ;  and  that  in  the  exercise  of  this  high  act 
of  sovereignty  every  American  citizen  ivhose  actual  permanent  resi- 


84  MIGHT    AND     RIGHT. 

dence,  or  home  is  in  this  State  has  a  right  to  participate.  And  we 
accordingly  pledge  ourselves  individually  to  each  other,  and  col- 
lectively to  the  public,  that  we  will  use  our  unremitting  efforts 
for  such  a  constitution,  in  the  way  that  has  been  described. 

Twelfth.  Resolved,  That  we  disclaim  all  action  with,  or  for, 
any  political  party,  in  this  great  question  of  state  rights,  re- 
serving to  ourselves  individually  our  own  opinions  on  all  matlers 
of  State  and  National  politics,  which  we  call  upon  no  man  to 
sacrifice  ;  and  that  we  heartily  invite  the  earnest  co-operation  of 
men  of  all  political  parties  in  the  causa  which  we  have  at  heart, 
and  which  we  believe  to  be  the  cause  of  Liberty,  Equality,  and 
Justice,  to  all  Men. 

Thirteenth.  Resolved,  That  the  General  Assembly  should 
have  called  the  convention  to  frame  a  constitution  in  November 
next,  in  such  a  manner  as  to  apportion  the  delegates  to  the  con- 
vention among  the  several  towns  according  to  population,  and  to 
give  to  every  American  citizen,  as  aforesaid,  the  right  of  voting 
for  delegates,  and  for  the  constitution  which  may  be  proposed  for 
the  ratification  of  the  people. 

Fourteenth.  Resolved,  That  the  friends  of  reform  in  each 
town  be  requested  forthwith  to  establish  an  Association,  for  the 
purpose  of  a  better  organization,  for  correspondence,  and  gene- 
rally for  the  promotion  of  the  objects  of  this  convention. 

Fifteenth.  Resolved,  That  a  State  Committee  of  five  per- 
sons, be  appointed  by  this  convention,  to  correspond  with  the 
associations  of  the  several  towns,  and  to  carry  forward  the  cause 
of  reform  and  Equnl  Rights,  and  to  call  a  convention  of  delegates 
to  draft  a  constitution  at  as  early  a  day  as  possible. 

Sixteenth,  Resolved,  That  the  State  Committee  be  request- 
ed to  obtain,  without  delay,  a  list  of  all  the  citizens  in  the  several 
towns,  who  are  ready  to  vote  for  and  sustain  a  constitution,  based 
on  the  principles  hereinbefore  declared,  and  to  present  the  same 
at  the  adjourned  meeting  of  this  convention.  ' 

Seventeenth.  Resolved,  That  the  State  Committee  be  re- 
quested to  prepare  and  send  forth  an  address  to  the  people  of  this 
State,  on  the  subjects  contained  in  the  foregoing  Resolutions, 
and  to  report  proceedings  at  an  adjourned  meeting. 

Eighteenth.  Resolved,  That  a  copy  of  these  Resolutions  be 
transmitted  to  the  Governor,  to  the  Lieutenant  Governor,  and  to 
each  member  of  the  Senate,  and  House  of  Representatives,  whose 
attention  is  especially  and  respectfully  asked  to  the  Resolution 
relative  to  the  call  of  the  convention  for  framing  a  constitution. 

Nineteenth.  Resolved,  That  the  support  and  patronage  of 
all  the  friends  of  reform,  is  urgently  requested  in  behalf  of  the 
"  New  ^%e,"  a  newspaper  exclusively  devoted  to  the  cause, 
which  we  have  this  day  assembled  to  promote. 

Twentieth.  Resolved,  That  these  Resolutions  be  signed  by 
the  President  of  the  convention,  and  Secretaries,  and  published 


MIGHT    AND    RIGHT.  85 

in  the  several  newspapers  throughout  the  State,  and  that  the 
publishers  be  requested  to  give  them  a  gratuitous  insertion  in 
their  respective  papers. 

Twenty-First,  Resolved,  That  this  convention,  when  it  ad- 
journs, will  adjourn  to  meet  in  Providence  on  the  fifth  day  of 
July  next." 

In  concurrence  with  the  fifteenth  Resolution,  a 
State  Committee  was  appointed,  and  the  Convention 
adjourned  to  meet  at  Providence,  July  5th  —  the  4th 
being  on  the  Sabbath,  that  day  was  chosen  for  the 
celebration  of  Independence.  In  the  mean  time  the 
General  Assembly,  whose  action  only  kept  pace  with 
the  apparent  necessity^  started  somewhat  abruptly,  as 
if  too  soon  aroused  from  a  remarkably  pleasant 
dream  ;  and  they  began  to  wink  and  rub  their  eyes, 
as  men  will  do,  when  an  unpleasant  truth  presents 
itself,  and  they  would  fain  persuade  themselves  they 
are  dreaming  still.  But  look  whichever  way  they 
might,  a  stubborn  tact  presented  itself.  Men  were 
gathering  by  hundreds,  and  by  thousands  ;  and  they 
really  began  to  perceive  something  serious  in  the 
circumstance,  thereby  proving  the  exceeding  keen- 
ness of  their  penetration,  for  Reverend  Doctors  saw 
nothing  ominous  even  for  some  months  after.  They 
enacted  a  law  at  their  May  session,  for  the  more 
equal  apportionment  among  the  several  towns  of  the 
delegates  to  the  Landholders'  Convention  in  Novem- 
ber. iUid  at  their  adjourned  session  in  June,  a  bill 
came  before  the  house,  presented  by  Mr.  Atwell,  one 
of  the  liberal  members,  providing,  that  "  every  free 
white  male  citizen,  over  twenty-one  years  of  age, 
who  had  resided  in  the  State  two  years,  and  in  the 
town  where  he  is  to  vote  the  six  months  next  pre- 
ceding the  town-meeting  ;  and  who  has  paid  a  tax 
on  real  estate,  or  personal  property,  for  one  year 
previous  to  voting,  shall  be  allowed  to  vote  for  the 
choice  of  delegates  to  the  Convention,  appointed  by 
the  Assembly  to  meet  in  November,  for  the  purpose 
8 


86  MIGHT  AND  RIGHT. 

of  forming  a  Constitution ;  except  persons  insane, 
under  guardianship,  and  convicts."  Mr.  At  well 
made  a  noble  defence  of  his  proposed  bill ;  but  the 
motion  was  lost. 

Agreeable  to  adjournment  the  Suffrage  Convention 
assembled  at  Providence,  July  5th.  This  day  afford- 
ed a  glorious  triumph  to  the  friends  of  Equal  Rights. 
The  Free  Suffrage  party  wore  appropriate  badges  — 
and  it  was  said  by  the  oldest  persons,  that  the  City 
never  had  been  before  so  full  of  people.  The  pro- 
cession was  formed  in  Benefit  street,  and  marched  to 
the  Dexter  training  ground  ;  where,  after  the  meet- 
ing had  been  called  to  order  by  the  President,  Gen. 
Martin  Stoddard,  a  prayer  was  offered  by  the  Rev. 
Mr.  Peterson  ;  and  an  Oration  on  the  subject  of 
Man's  inherent  Rights,  followed,  by  the  Rev.  Wm. 
S.  Balch.  That  oration  was  worthy  the  fine  mind, 
and  true  heart,  of  its  author  ;  and  could  the  princi- 
ples which  it  embodies  be  carried  out  in  action, 
there  would  be  no  wrong  or  violence  any  more  ; 
but  Wisdom,  and  Truth,  and  Love,  would  reign 
upon  the  earth.  I  will  indulge  the  lovers  of  free 
thought,  and  free  action,  with  a  short  extract. 

"It  may  be  said  these  views  are  revolutionary.  Allow  it.  JSo 
were  the  views  of  John  Adams,  Thomas  Jefferson,  Patrick  Hen- 
ry, and  their  immortal  compeers  in  the  strife  for  liberty.  So 
were  the  doctrines  of  the  Nazarene.  So  are  the  sentiments  of 
every  reformer.  But  is  a  revolution  to  be  dreaded  ^hen  right, 
and  justice,  and  virtue,  and  equality  are  to  be  gained  to  the  whole 
community  ?  when  the  last  cords  of  tyrant  power  are  to  be  bro- 
ken, and  popular  liberty  to  be  established  ?  Are  we  to  be  frowned 
into  submission,  shun  duty,  neglect  right,  prove  recreant  to  our 
children,  to  the  world,  and  to  our  God?  Shall  the  free  Spirit 
which  abode  on  the  Master  —  the  great  pattern  in  all  things  — 
was  in  his  apostles  to  carry  them  gloriously  through  danger, 
dwelt  in  Williams  and  the  heroes  of  the  Revolution,  be  spurned 
by  us  who  hold  in  trust  all  for  which  they  contended  ?  Will  the 
noble  hearts  of  freemen  faint  through  lack  of  sands  and  rocks 
whereon  to  rest?  Will  justice  and  right  be  trampled  under  foot 
through  fear  of  innovation  ? 

"  Call  it  a  revolution  ?  It  is  to  wipe  off  the  stain  upon  the  es- 


MIGHT    AND     RIGHT.  87 

cutcheon  of  our  country's  honor.  Call  it  a  revolution  ?  It  is  to 
remove  the  last  print  of  kingly  authority  —  to  sever  the  last  link 
of  aristocratic  power.  Call  it  a  revolution  ?  It  is  to  take  by  the 
hand  these  old  veterans  of  sadder  struggles,  who  fought  and  bled 
in  their  boyhood  days  in  defence  of  human  rights;  and  lead  them 
up  to  the  polls  and  tell  them  they  are  free  to  choose  their  own 
rulers.  These  old  patriots  greet  us  to-day  with  glad  hearts,  and 
their  gray  locks  and  indelible  scars  tell  a  tale  which  should  make 
every  aristocrat  tremble,  and  embolden  the  free.  Many  of  them 
are  now  disfranchised  in  the  very  land  whose  liberties  they  nour- 
ished with  their  best  blood,  for  lack  of  a  few  square  rods  of  earth. 
To  a  man  they  tell  me  they  are  the  warm  Friends  of  the  cause  we 
espouse.  Call  it  a  revolution,  to  say  to  the  second,  third,  and 
fourth  sons,  you  are  as  good  as  the  first  born  and  as  free?  Call  it 
a  revolution,  that  we  say  to  the  hardy  mechanic,  the  busy  manu- 
facturer, the  honest  laborer  you  may  have  a  right  in  the  govern- 
ment under  which  you  live,  and  help  support  it  as  well  as  others  ? 
Call  it  a  revolution,  that  we  say,  intelligence,  virtue,  honor,  pa- 
triotism, make  the  man,  and  not  dirt  and  primogeniture?  Call  it 
a  revolution,  that  we  level  every  false  distinction,  every  grade  not 
based  on  talent  or  moral  worth,  and  proclaim  liberty  and  equal 
rights  to  the  people  ?  Then  are  we  revolutionists,  and  we  glory 
in  it;  and  we  will  rejoice  when  such  a  revolution  is  consummated, 
and  its  blessings  are  revealed ! 

"It  is  said  ours  is  a  leveling  system.  I  admit  it.  But,  thank 
God,  we  level  up!  We  pull  no  man  down;  but  carry  others  as 
far  above  as  moral  right  and  true  merit  will  permit.  We  destroy 
no  man's  rights ;  but  contend  for  the  rights  of  the  oppressed,  the 
proscribed,  the  disfranchised.  We  degrade  nobody  ;  but  we  ex- 
alt, elevate,  ennoble.  The  level  to  which  we  look  is  high  above 
the  bogs  and  fens  of  ignorance,  oppression,  and  misrule.  Ours 
is  equality  on  an  eminence  ! 

"  Are  we  asked  what  is  to  be  done  ?  The  answer  is  plain  —  Let 
the  rights  of  the  people  be  maintained.  Let  the  distinctions  based 
on  wealth  and  brute  force  be  destroyed,  expunged  from  our  stat- 
ute books,  and  equal  liberty  be  enjoyed  by  every  native  born  or 
naturalised  citizen  of  the  United  States.  Let  the  15,000  disfran- 
chised inhabitants  of  this  state  be  esteemed  according  to  their 
character;  and  exercise  rights  which  belong  to  them  in  common 
with  others.  Let  the  principles  of  good  government  be  embo- 
died in  a  Constitution,  and  be  adopted  by  the  people,  as  the  ex- 
pression of  their  free  will,  and  we  will  ask  no  more. 

"  Are  we  asked  how  this  shall  be  accomplished  ?  The  answer  is 
as  plain.  By  a  determined  resolution  on  the  part  of  the  people, 
they  disfrancished  themselves.  Let  them  but  speak  and  act,  and 
the  work  is  done  —  the  victory  complete,  bloodless,  and  hence 
more  glorious.    What  may  not  15  or  19  out  of  22,000  accomplish, 


88  MIGHT    AND    RIGHT. 

with  right  and  truth  on  their  side  ?  It  is  said  our  legislators  are 
omnipotent.    The  people  are  more  so ! 

"Are  we  told  that  attempts  at  the  same  object  have  been  made 
but  failed  ?  By  whom  ?  By  the  aggrieved  —  by  the  people  ?  No, 
but  by  the  lean  minority  who  graciously  talk  about  granting  cer- 
tain rights  to  the  people !  What  a  libel  on  humanity,  and  the 
government  of  God.  Men  chosen  by  men,  talk  of  granting  back 
rights  !  Such  should  be  told  in  a  way  to  understand  and  remem- 
ber that  their  power  comes  not  by  the  tenure  of  the  "  Grace  of 
God"  in  the  kingly  sense,  but  by  the  will  of  the  people !  —  "  Vox 
populi,  vox  Dei."  No  wonder  nothing  was  accomplished.  Did 
you  ever  know  a  king  voluntarily  abdicate  his  throne  in  favor  of 
a  republic  ?  Never.  Consuls  and  Generals  have  often  been 
crowned  kings  and  built  their  thrones  on  the  ruins  of  republics. 
But  man  is  too  fond  of  power  to  resign  it  willingly.  We  take  new 
ground.  We  are  the  people  themselves  battling  for  liberty  and 
right.  Power  is  on  the  side  of  right.  Both  are  in  the  hands  of 
the  people.  Let  the  single  attempt  be  vigorously  made  and  suc- 
cess is  certain. 

"  Remember,  friends  of  freedom,  that  in  union  is  strength.  On 
it  depends  the  issue  of  our  toils.  Let  every  other  consideration 
be  waived.  Beware  of  Demagogues.  You  will  be  courted  by 
those  who  would  step  on  your  shoulders  to  leap  into  office.  If 
any  man  on  earth  is  to  be  spurned  and  openly  contemned,  it  is 
the  imbecile  wretch  who  would  violate  principle  to  aggrandise 
himself — turn  his  coat  to  gain  an  office.  Poor  men  !  They  have 
no  appetite  for  healthful  food.  Let  them  starve,  till  they  get  bet- 
ter. Remember  yourselves,  Workingmen,  and  ever  keep  an  eye 
upon  those  whom  you  entrust  with  the  business  of  government. 
'  Eternal  vigilance  is  the  price  of  liberty.' 

"  This  is  freedom's  chosen  holyday ;  and  who  would  be  a 
slave  ?  Shall  the  fear  of  man  frown  the  freed  soul  into  bondage, 
and  shut  the  mouth  that  pleads  the  cause  of  the  oppressed,  and 
contends  for  the  equal  rights  of  humanity  ?  Forbid  it  righteous 
heaven:  forbid  it  every  sense  of  justice:  forbid  it  every  friend 
of  the  free !  Are  station,  condition,  and  influence,  smiles  and 
dollars,  the  silk-en  cords  with  which  to  bind  the  free  soul  and  keep 
it  in  perpetual  bondage?  Never:  for  so  often  as  this  day  shall  be' 
honored  by  freemen,  so  often  will  slumbering  patriotism  be 
aroused  to  action,  and  our  father's  deeds  of  glory  nerve  us  on  to 
the  consummation  they  most  devoutly  wished !  This  day  calls  us 
to  contemplate  the  noblest  acts  of  political  power.  It  reveals  to 
us  our  plainest  duties.  It  calls  upon  us  by  every  noble  sentiment, 
by  every  patriotic  feeling,  to  carry  out  and  complete  the  work  of 
human  reform,  so  well  begun,  with  the  highest  assurance,  that  the 
institutions  of  our  land  shall  be  thereby  sustained,  and  remain  a 
happy  heritage  to  the  latest  generations. 


MIGHT    AND     RIGHT.  89 

*  Friends  of  liberty  and  equal  rights,  you  are  engaged  in  a 
righteous  cause.  Do  your  duty.  Triumph  we  must:  and  tri- 
umph we  will." 

After  the  oration,  the  Suffrage  Glee  Club  sang  a 
spirited  song,  and  then  the  State  Committee  present- 
ed their  Report  and  Resolutions,  which  were  adopt- 
ed unanimously.  The  meeting  was  addressed  by 
several  gentlemen,  and  the  Convention  adjourned  to 
the  call  of  the  State  Committee.  The  Revolution- 
ary soldiers,  thirty  in  number,  then  proceeded  to 
the  City  Hotel,  with  all  those  who  chose  to  mingle 
in  the  festivities  of  that  occasion.  The  State  Com- 
mittee sent  forth  an  Address  to  the  People  of  the 
State,  a  copy  of  which  was  transmitted  to  each  mem- 
ber of  the  General  Assembly,  and  to  each  of  the  Edi- 
tors of  Newspapers  in  the  State,  requesting  them  to 
insert  the  same  gratuitously,  in  their  several  Journals. 
The  State  Committee  also,  after  making  their  Re- 
port, in  which  the  belief  of  the  good  Cause  being  in 
a  state  of  progress  was  expressed,  presented  to  the 
Convention  the  following 

RESOLUTIONS. 

1.  Resolved,  That  on  this,  the  Anniversary  of  our  National  In- 
dependence, we  recur  with  emotions  of  deep  and  patriotic  grati- 
tude to  the  principles,  the  measures,  and  the  men  of  the  American 
Revolution. 

2.  Resolved,  That  the  doctrines  of  Liberty  and  Equality  first 
promulgated  in  modern  times,  by  the  immortal  Founder  of  our 
State,  and  reasserted  by  the  illustrious  author  of  the  Declaration 
of  Independence,  lie  at  the  foundation  of  all  that  is  just  and  free 
in  our  political  institutions;  and  that  the  vindication  of  these 
doctrines,  when  impaired,  and  the  development  of  them  in  all 
their  force  and  effect,  are  duties  of  the  most  sacred  and  impera- 
tive obligations,  and  enjoined  upon  us  by  the  venerable  Fathers, 
who,  being  dead,  yet  speak  to  us,  by  our  character  as  Republi- 
cans, and  as  Men,  and  by  a  regard  to  thy  rights  and  interests  of 
our  successors. 

3.  Resolved,  That,  in  the  language  of  Jefferson,  "It  is  not  only 
the  right,  but  the  duty,  of  those  now  on  the  stage  of  action,  to^ 
change  the  laws  and  institutions  of  government,  to  keep  pace  with 
the  progress  of  knowledge,  the  lights  of  science,  and  the  umeliora- 

8* 


90  MIGHT    AND     RIGHT. 

Hon  of  the  condition  of  society"  —  and  that  "Nothing  is  to  be 

CONSIDERED  UNCHANGEABLE,  BUT  THE  INHERENT,  AND  INALIENA- 
BLE RIGHTS   OF  MAN." 

4.  Resolved,  That  the  Politieal  Institutions  of  this  State  have, 
long  since,  lost  their  characters  of  liberty  and  equality,  which  be- 
long to  a  Republic  ;  and  that  inasmuch,  as,  in  the  words  of 
Washington,  "  The  basis  of  our  political  system  is  the  right  of 
the  People  to  make,  and  to  alter  the  Constitution  of  Gov- 
ernment," it  has  now  become  the  duty  of  the  people  of  Rhode 
Istand,  acting  upon  the  principles  whi.h  have  been  recited,  and 
animated  by  the  example  of  their  Patriotic  Ancestors,  to  ap- 
ply with  a  firm  hand,  without  unnecessary  delay,  and  in  their 
original  and  sovereign  capacity,  the  necessary  corrective  to  ex- 
isting political  evils,  by  the  formation  and  adoption  of  a  written 
Republican  State  Constitution. 

5.  Resolved,  That  we  unanimously  and  cordially  reaffirm  the 
views,  sentiments,  and  plans,  set  forth  in  their  Resolutions  by  the 
Convention  of  the  friends  of  Equal  Rights  held  at  Newport,  on 
the  5th  day  of  May  last ;  and  that,  inasmuch  as  the  General  As- 
sembly of  this  State,  at  their  last  session  in  June,  have  finally 
decided  that  the  freeholders  are,  exclusively,  the  People  of  Rhode 
Island ;  and  have  denied  to  the  great  majority  of  the  people,  so 
far  as  it  is  in  their  power  thus  to  deny,  any  participation  in  the 
Convention  to  be  held  in  November  next  The  time  has  now 
fully  arrived  for  the  people,  in  their  original  and  sovereign  capa- 
city, to  exercise  their  reserved  Rights,  and  that  we  heartily  ap- 
prove the  call  by  the  State  Committee  of  the  People's  Conven- 
tion, on  the  basis  of  the  Resolutions  aforesaid,  at  an  early  day, 
for  the  formation  of  a  Constitution. 

6.  Resolved,  That  when  the  Constitution  so  formed  shall  be 
adopted  by  a  majority  of  the  whole  People  of  the  State,  by  their 
signatures,  or  otherwise,  as  the  Convention  may  provide,  we  will 
sustain,  and  carry  into  effect  said  Constitution,  by  all  necessary 
means  ;  and  that,  so  far  as  in  us  lies,  we  will  remove  all  obstacles 
to  its  successful  establishment  and  operation,  and  we  hereunto 
solemnly  pledge  ourselves,  to  each  other,  and  to  the  public. 

7.  Resolved,  That  we  hail  with  pleasure  the  presence  among  us 
of  the  venerable  remnants  of  our  Revolutionary  Worthies,  and 
entertain  the  hope  that  they  may  be  spared  to  witness  another 
anniversary,  when  they  will  be  deemed  not  only  worthy  of  shed- 
ding their  blood  for  the  defence  of  their  country,  but  of  voting 
for  their  rulers,  and  of  taking  an  equal  share  in  the  concerns  of 
government. 

8.  Resolved,  That  we  enter  our  solemn  protest  against  the  prin- 
ciples upon  which  the  Landholders'  Convention  is  called,  as  by 
that  call  a  large  majority  of  the  people  of  this  State  are  excluded 
from  a  participation  in  the  choice  of  Delegates  to  frame  a  Con- 
stitution, by  the  provisions  of  which  they  are  to  be  governed. 


MIGHT    AND     RIGHT.  91 

9.  Resolved,  That  we  deny  the  authority  of  the  Legislature  to 
proscribe  or  prevent  any  portion  of  our  fellow  citizens,  who  are 
permanent  residents  of  this  state,  from  a  participation  in  the  or- 
ganization of  the  government,  which  is  to  affect  the  rights  and 
privileges  of  all. 

10.  Resolved,  That  it  is  contrary  to  the  spirit  of  a  Republican 
Government,  for  a  minority  to  make  laws  that  shall  bind 
the  majority-;  and  that  we  will  resist,  to  the  utmost  of  our 
ability,  a  government  that  shall  not  acknowledge  the  just  rights 
of  the  whole  people. 

11.  Resolved,  That  we  will  use  all  honorable  means  within  our 
power,  to  have  every  American  citizen,  who  is  a  permanent  resi- 
dent of  this  State,  represented  in  the  Convention  for  framing  a 
Constitution,  that  shall  define  the  powers  of  the  Legislature,  and 
secure  to  the  people  the  free  exercise  of  their  rights  and  privi- 
leges. 

Resolutions  offered  by  Mr.  Bailey. 

Whereas,  When  the  sovereignty  of  the  British  Crown  in  Rhode 
Island  ceased  to  exist,  the  sovereignty  reverted  equally  to  every 
citizen  of  this  State ;  and  whereas,  in  the  formation  of  a  govern- 
ment each  one  is  required  to  surrender  some  portion  of  his  natu- 
ral rights  for  the  good  of  the  whole,  therefore 

1.  Resolved,  That  no  portion  of  such  citizens  less  than  a  ma- 
jority of  the  whole,  have  the  right  to  form  a  government,  declar- 
ing how  far,  and  for  what  purposes,  such  rights  shall  be  surren- 
dered. 

2.  Resolved,  That  we,  the  people  of  this  State,  in  Convention 
assembled,  on  this  5th  day  of  July,  1841,  do  enter  this,  our  solemn 
protest,  as  free  citizens  of  the  United  States,  and  of  the  State  of 
Rhode  Island,  entitled  to  equal  privileges  with  all  others,  against 
the  power  and  authority  of  the  Convention  of  the  Landholders  to 
be  holden  in  November  next,  for  the  purpose  of  reforming  the 
present  mode  of  government,  or  framing  a  new  one. 

3.  Resolved,  That  we  will  not  recognise  such  a  government  as 
binding  on  us,  and  that  we  will  resist  it  by  all  the  means  within 
the  limits  provided  by  the  Constitution  of  the  United  States,  with- 
out respect  to  a  minority  government,  and  minority  laws,  in  the 
State  of  Rhode  Island. 

4.  Resolved,  That  the  General  Assembly,  having  refused  all 
concessions  of  popular  right,  the  people  of  the  State  have  no  de- 
pendence but  in  God  and  their  own  energies ;  and  that  they  owe 
it  to  themselves,  and  to  their  posterity,  to  rally  round  the  stand- 
ard of  Liberty,  and  never  to  relinquish  their  efforts,  till  the 
great  object  in  view  shall  have  been  achieved. 

Will  not  future  generations  believe  that  the  Rhode 
Islanders  must  have  been  an  incomparably  wise  and 


92  MIGHT    AND    RIGHT. 

great  people,  when  they  reflect  that  "the  mob." 
"the  rabble,"  the  very  "froth  and  foam  of  society," 
were  capable  of  acts  and  resolutions,  such  as  are 
herein  presented  ?  And  should  the  actions  and  senti- 
ments of  the  wisest,  and  the  greatest,  be  then  called 
for,  how  would  be  the  climax,  crowned,  or  inverted  ? 
It  is  a  blessed  thought  that  man,  though  he  compel 
into  his  service  the  force  of  Legion,  eannot  annihi- 
late a  single  ray  of  truth.  Whatever  is  true  and 
good,  will  live,  for  only  such  has  life.  Whatever  is 
right,  will  finally  prevail,  and  nothing  else. 


CHAPTER  VI. 

THE  PEOPLE'S  CONSTITUTION. 

It  has  often  been  said  by  our  opposers,  that  they 
had  no  objection  to  a  change  of  government,  provided 
it  be  done  legally  —  that  is,  by  themselves  —  con-* 
trary  to  their  own  selfish  interests,  and  long-settled 
determination.  Let  me  ask  by  what  law  these 
United  States,  then  British  Colonies,  threw  off  the 
yoke,  and  abrogated  the  law  of  their  rightful  sove- 
reign ?  By  what,  but  the  indestructible  Law  of  Na- 
ture, written  intelligibly  within  their  own  souls  ?  a 
law  which  is  legible  in  the  erect  bearing  and  upward 
visage  of  man  —  by  which  he  proves  himself  invest- 
ed with  a  right,  which  no  despotism  can  destroy  — 
the  right  to  participate  in  the  government  of  the  com- 
munity of  which  he  is  a  member  ?  By  what  autho- 
rity were  the  Articles  of  Confederation,  and  the  De- 
claration of  Independence  framed  ?  By  what  but  the 
God-given  authority  of  Reason  in  every  man,  which 
tells  him  that  he  has  an  inherent  right  to  regulate  all 


MIGHT    AND    RIGHT.  93 

matters  which  affect  his  life,  liberty,  or  happiness  I 
By  what  right  was  the  War  of  the  Revolution  pro- 
secuted, but  by  the  right  of  Manhood  to  be  free  ?  a 
war  in  which  Rhode  Island  first  poured  out  an  offer- 
ing of  blood  upon  the  altar  of  our  young  Liberty  f 
And  are  we,  alone,  of  all  the  people  of  this  Union 
to  be  defrauded  of  that  right,  which  our  Father? 
bled  to  establish  ?    Are  we  to  be  bond-slaves  in  this 
the  beautiful  land  of  our  nativity  ?    It  shall  not  be. 
Our  course  is  onward.     No  one  can  arrest  our  pro- 
gress, but  by  a  direct  violation  of  every  principle 
which  an  American  holds  dear  —  of  every  principle 
which  the  Apostles  of  Freedom  in  all  ages,  and  in 
every  clime,  have  held  sacred  ! 

Such  was  the  tone  of  question  and  of  answer, 
which  flashed  like  rays  of  light  from  a  newly-dis* 
covered  star,  from  heart  to  heart,  and  from  soul  to 
soul,  as  the  men  of  Rhode  Island,  in  their  original 
and  sovereign  capacity,  went  forth  to  their  great 
work  —  the  framing  of  a  State  Constitution,  which 
should  be  just  and  equal  in  all  its  provisions.  On 
the  24th  of  July,  the  State  Committee  issued  their1 
CALL,  to  all  the  Towns  in  the  State,  requesting 
them  to  elect  delegates  as  nearly  as  possible,  accord- 
ing to  the  proportion  of  one  to  every  thousand  in- 
habitants, to  assemble  at  Providence,  in  October,  for 
the  purpose  above  named  —  all  male  citizens  21 
years  of  age,  who  had  resided  in  the  State  one  year, 
being  permitted  to  vote  for  Delegates.  In  obedience 
to  the  call,  meetings  were  held  in  nearly  all  the 
towns  in  the  State ;  and  on  the  28th  of  August  the 
election  of  Delegates  took  place,  they  being  divided 
into  eleven  committees,  to  which  different  depart- 
ments -of  the  great  work  were  assigned.  They  were 
as  follows : 

No.  1.  On  Declaration  of  Principles  and  Rights. 
Ariel  Ballou,  Chairman. 


94  MIGHT    AND     RIGHT. 

No.  2.  On  Electors,  the  Right  of  Suffrage,  and 
Elections.     Thomas  W.  Dorr,  Chairman. 

No.  3.  On  the  Legislative  Department.  John  A. 
Brown,  Chairman. 

No.  4.  On  the  House  of  Representatives.  John 
R.  Waterman,  Chairman. 

No.  5.  On  the  Senate.  Pardon  Spencer,  Chairman. 

No.  6.  On  the  Executive  Department.  David 
Daniels,  Chairman. 

No.  7.  On  the  Judiciary.  Samuel  Y.  Atwell, 
Chairman. 

No.  8.  On  Elections.    Oliver  Chace,  jr.,  Chairman. 

No.  9.  On  Amendments  of  the  Constitution.  Wel- 
come B.  Sayles,  Chairman. 

No.  10.  On  General  Provisions.  Dutee  J.  Pearce, 
Chairman. 

No.  11.  On  the  Meetings  of  the  Legislature. 
Joshua  B.  Rathbone,  Chairman. 

A  large  majority  of  the  appointed  Delegates  assem- 
bled in  Convention,  at  Providence,  on  the  4th  day  of 
October  ;  and  after  having  drafted  the  plan  of  a  Con- 
stitution, they  adjourned  until  the  ensuing  month, 
in  order  that  the  subject  of  their  labors  might  be 
submitted  to  the  test  of  public  opinion,  and  freely 
canvassed  by  the  people.  The  Convention  reassem- 
bled in  November,  and  after  making  several  amend- 
ments, finally  passed  upon  the  Constitution,  and  on 
the  18th  adjourned.  The  Peoples'  Constitution 
was  submitted,  for  rejection  or  adoption,  to  the  adult 
male  population,  who  were  citizens  of  the  United 
States,  and  were  permanent  residents  of  the  State, 
on  the  27th,  8th,  and  9th  of  December,  and  on  the 
three  succeeding  days  ;*  and  on  the  13th  of  January, 
1842,  the  same  was  declared  to  be  adopted,  by  a 
very  large  majority. 

*  See  People's  Constitution,  Article  XIY. 


MIGHT    AND     RIGHT.  95 

Reserving  all  remarks  for  a  future  chapter,  I  pro- 
ceed to  lay  before  you  the  Instrument  in  question, 
that  it  may  speak  for  itself. 

CONSTITUTION 

Of  the  State  of  Rhode  Island  and  Providence  Plantations,  as  finally 
adopted  by  the  Convention  of  the  People  assembled  at  Providence, 
on  the  ISth  day  of  November,  1841. 

WE,  The  PEOPLE  of  the  State  of  Rhode  Island  and  Provi- 
dence Plantations,  grateful  to  Almighty  God  for  His  blessing 
vouchsafed  to  the  "lively  experiment"  of  Religious  and  Political 
Freedom  here  "  held  forth  "  by  our  venerated  ancestors,  and  ear- 
nestly imploring  the  favor  of  his  gracious  Providence  toward  this 
our  attempt  to  secure,  upon  a  permanent  foundation,  the  advan- 
tages of  well  ordered  and  rational  Liberty,  and  to  enlarge  and 
transmit  to  our  successors  the  inheritance  that  we  have  received, 
do  ordain  and  establish  the  following  CONSTITUTION  of 
Government  for  this  State. 

ARTICLE  I. 

DECLARATION    OF    PRINCIPLES    AND    RIGHTS. 

1.  In  the  spirit  and  in  the  words  of  Roger  Williams,  the 
illustrious  Founder  of  this  State,  and  of  his  venerated  associates, 
We  declare,  "that  this  government  shall  be  a  Democracy," 
or  government  of  the  people,  "by  the  major  consent"  of  the 
same,  "  only  in  civil  thIi\gs."  The  will  of  the  people  shall 
be  expressed  by  Representatives  freely  chosen,  and  returning  at 
fixed  periods  to  their  constituents.  This  State  shall  be,  and  for- 
ever remain,  as  in  the  design  of  its  Founder,  sacred  to  "  Soul 
Liberty,"  to  the  rights  of  conscience,  to  freedom  of  thought,  of 
expression  and  of  action,  as  hereinafter  set  forth  and  secured. 

2.  All  men  are  created  free  and  equal,  and  are  endowed  by 
their  Creator  with  certain  natural,  inherent  and  inalienable 
Rights;  among  which  are  life,  liberty,  the  acquisition  of  prop- 
erty, and  the  pursuit  of  happiness.  Government  cannot  create  or 
bestow  these  rights,  which  are  the  gift  of  God ;  but  it  is  insti- 
tuted for  the  stronger  and  surer  defence  of  the  same;  that  men 
may  safely  enjoy  the  rights  of  life  and  liberty,  securely  possess 
and  transmit  property,  and,  so  far  as  laws  avail,  may  be  success- 
ful in  the  pursuit  of  happiness. 

3.  All  political  power  and  sovereignty  are  originally  vrsted  in, 
and  of  right  belong  to  the  People.  All  free  governments  are 
founded  in  their  authority,  and  are  established  for  the  greatest 
good  of  the  whole  number.  The  People  have  therefore  an  in- 
alienable and  indefeasible  right,  in  their  original,  sovereign  and 
unlimited  capacity,  to  ordain  and  institute  government,  and,  in 


96  MIGHT    AND    RIGHT. 

the  same  capacity,  to  alter,  reform,  or  totally  change  the  same, 
whenever  their  safety  or  happiness  requires. 

4.  No  favor  or  disfavor  ought  to  be  shown  in  legislation  toward 
any  man,  or  party,  or  society,  or  religious  denomination.  The 
Xaws  should  be  made  not  for  the  good  of  the  few,  but  of  the  many ; 
and  the  burdens  of  the  State  ought  to  be  fairly  distributed  among 
its  citizens. 

5.  The  diffusion  of  useful  knowledge,  and  the  cultivation  of  a 
sound  morality,  in  the  fear  of  God,  being  of  the  first  importance 
in  a  Republican  State,  and  indispensible  to  the  maintenance  of 
its  liberties,  it  shall  be  an  imperative  duty  of  the  Legislature  to 
promote  the  establishment  of  Free  Schools,  and  to  assist  in  the 
support  of  Public  Education. 

6.  Every  person  in  this  State  ought  to  find  a  certain  remedy, 
by  having  recourse  to  the  laws,  for  all  injuries  or  wrongs  which 
may  be  done  to  his  rights  of  person,  property  or  character.  He 
ought  to  obtain  right  and  justice  freely  and  without  purchase, 
completely  and  without  denial,  promptly  and  without  delay,  con- 
formably to  the  laws. 

7.  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers  and  possessions,  against  unreasonable  searches  and  seiz- 
ures, shall  not  be  violated ;  and  no  warrant  shall  issue  but  on 
complaint  in  writing  upon  probable  cause,  supported  by  oath  or 
affirmation,  and  describing,  as  nearly  as  may  be,  the  place  to  be 
searched,  and  the  person  or  things  to  be  seized. 

8.  No  person  shall  be  held  to  answer  to  a  capital  or  other  infa- 
mous charge  unless  on  indictment  by  a  Grand  Jury,  except  in 
cases  arising  in  the  land  or  naval  forces,  or  in  the  militia,  when 
in  actual  service,  in  time  of  war  or  public  danger.  No  person 
shall  be  tried  after  an  acquittal,  for  the  same  crime  or  offence. 

9.  Every  man  being  presumed  to  be  innocent,  until  pronounced 
guilty  by  the  law,  all  acts  of  severity,  that  are  not  necessary  to 
secure  an  accused  person,  ought  to  be  repressed. 

10.  Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  or  unusual  punishments  inflicted ;  and  all 
punishments  ought  to  be  proportioned  to  the  offence. 

11.  All  prisoners  shall  be  bailable  upon  sufficient  surety,  unless 
for  capital  offences,  when  the  proof  is  evident,  or  the  presumption 
great.  The  privilege  of  the  writ  of  Habeas  Corpus  shall  not  be 
suspended,  unless  when,  in  cases  of  rebellion,  or  invasion,  the 
public  safety  shall  require  it. 

12.  In  all  criminal  prosecutions,  the  accused  shall  have  the 
privilege  of  a  speedy  and  public  trial,  by  an  impartial  jury  ;  be 
informed  of  the  nature  and  cause  of  the  accusation  ;  be  confront- 
ed with  the  witnesses  against  him ;  have  compulsory  process  to 
obtain  them  in  his  favor,  and  at  the  public  expense,  when  neces- 
sary ;  have  the  assistance  of  counsel  in  his  defence,  and  be  at 
liberty  to  speak  for  himself.    Nor  shall  he  be  deprived  of  his  life, 


MIGHT    AND     RIGHT.  97 

liberty  or  property  unless  by  the  judgraentof  his  peers,  or  the  law 
of  the  land. 

13.  The  right  of  trial  by  jury,  shall  remain  inviolate ;  and  in 
all  criminal  cases  the  jury  shall  judge  both  of  the  law  and  of  the 
facts. 

14.  Any  person  in  this  State,  who  may  be  claimed,  to  be  held 
to  labor  or  service,  under  the  laws  of  any  other  State,  territory, 
or  district,  shall  be  entitled  to  a  jury  trial,  to  ascertain  the  validity 
of  such  claim. 

15.  No  man  in  a  Court  of  common  law  shall  be  required  to 
criminate  himself. 

1G.  Retrospective  laws,  civil  and  criminal,  are  unjust  and  op- 
pressive, and  shall  not  be  made. 

17.  The  People  have  a  right  to  assemble  in  a  peaceable  man- 
ner, without  molestation  or  restraint,  to  consult  upon  the  public 
welfare ;  a  right  to  give  instructions  to  their  Senators  and  Repre- 
sentatives ;  and  a  right  to  apply  1o  those  invested  with  the  pow- 
ers of  Government  for  redress  of  grievances,  for  the  repeal  of 
injurious  laws,  for  the  correction  of  faults  of  administration,  and 
for  all  other  purposes. 

18.  The  liberty  of  the  Press  being  essential  to  the  security  of 
freedom  in  a  State,  any  citizen  may  publish  his  sentiments  on 
any  subject,  being  responsible  for  the  abuse  of  that  liberty ;  and 
in  all  trials  for  libel,  both  civil  and  criminal,  the  truth,  spoken 
from  good  motives  and  for  justifiable  ends,  shall  be  a  sufficient 
defence  to  the  person  charged. 

19.  Private  property  shall  not  be  taken  for  public  uses  without 
just  compensation  ;  uor  unless  the  public  good  require  it ;  nor 
under  any  circumstances  until  compensation  shall  have  been 
made,  if  required. 

20.  The  military  shall  always  be  held  in  strict  subordination  to 
the  civil  authority. 

21.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house,  Avithout  the  consent  of  the  owner  ;  nor  in  time  of  war  but 
in  manner  to  be  prescribed  by  law. 

22.  Whereas  Almighty  God  hath  created  the  mind  free,  and 
all  attempts  to  influence  it  by  temporal  punishments,  or  burdens, 
or  by  civil  incapacitations,  tend  to  beget  habits  of  hypocrisy  and 
meanness  ;  and  whereas  a  principal  object  of  our  venerated  an- 
cestors in  their  migration  to  this  country,  and  their  settlement  of 
this  State,  was,  as  they  expressed  it,  to  hold  forth  a  lively  experi- 
ment, that  a  flourishing  civil  State  may  stand,  and  be  best  main- 
tained, with  full  liberty  in  religious  concernments.  We  there- 
fore declare,  that  no  man  shall  be  compelled  to  frequent,  or 
support  any  religious  worship,  place  or  ministry  whatsoever,  nor 
be  enforced,  restrained,  molested,  or  burdened  in  his  body  or 
goods,  nor  disqualified  from  holding  any  office,  nor  otherwise 
suffer  on  account  of  his  religious  belief ;  and  that  all  men  shall 

9 


08  MIGHT    AND     RIGHT. 

be  free  to  profess,  and  by  argument  to  maintain,  their  opinions  in 
matters  of  religion  ;  and  that  the  same  shall  in  no  wise  diminish, 
enlarge  or  affect  their  civil  capacities ;  and  that  all  other  relig- 
ious rights  and  privileges  of  tin  people  of  this  State,  as  now  en- 
joyed, shall  remain  inviolate  and  inviolable. 

23.  No  witness  shall  be  called  in  question  before  the  Legisla- 
ture, nor  in  any  Court  of  this  State,  nor  before  any  magistrate,  or 
other  person,  authorised  to  administer  an  oath,  or  affirmation,  for 
his  or  her  religious  belief,  or  opinions,  or  any  part  thereof;  and 
no  objection  to  a  witness,  on  the  ground  of  his  or  her  religious 
opinions,  shall  be  entertained  or  received, 

24.  The  citizens  shall  continue  to  enjoy  and  freely  exercise  all 
the  rights  of  fishery,  and  privileges  of  the  shore,  to  which  they 
have  been  heretofore  entitled  under  the  charter  and  usages  of 
this  State. 

25.  The  enumeration  of  the  foregoing  rights  shall  not  be  con- 
strued to  impair  or  deny  others  retained  by  the  people. 

ARTICLE  II. 

OF  ELECTORS  AND  THE  RIGHT  OF  SUFFRAGE. 

1.  Every  white  male  citizen  of  the  United  States,  of  the  age  of 
twenty-one  years,  who  has  resided  in  this  State  for  one  year,  and 
in  any  town,  city,  or  district  of  the  same  for  six  months,  next 
preceding  the  election  at  which  he  offers  to  vote,  shall  be  an 
elector  of  all  officers,  who  are  elected,  or  may  hereafter  be  made 
eligible  by  the  People.  But  persons  in  the  military,  naval,  or 
marine  service  of  the  United  States  shall  not  be  considered  as 
having  such  established  residence,  by  being  stationed  in  any 
garrison,  barrack,  or  military  place,  in  any  town  or  city  in  this 
State. 

2.  Paupers  and  persons  under  guardianship,  insane,  or  lunatic 
are  excluded  from  the  electoral  right ;  and  the  same  shall  be  for- 
feited on  conviction  of  bribery,  forgery,  perjury,  theft,  or  other 
infamous  crime  ;  and  shall  not  be  restored  unless  by  an  act  of  the 
General  Assembly. 

3.  No  person,  who  is  excluded  from  voting,  for  want  of  the 
qualification  first  named  in  section  first  of  this  erticle,  shall  be 
taxed,  or  be  liable  to  do  military  duty  ;  provided  that  nothing 
in  said  first  article  shall  be  so  construed  as  to  exempt  from  taxa- 
tion any  property  or  persons  now  liable  to  be  taxed. 

4.  No  elector  who  is  not  possessed  of,  and  assessed  for  ratea- 
ble property  in  his  own  right,  to  the  amount  of  one  hundred  and 
fifty  dollars,  or  who  shall  have  neglected,  or  refused  to  pay  any 
tax  assessed  upon  him,  in  any  town,  city,  or  district,  for  one  year 
preceding  the  town,  city,  ward,  or  district  meeting  at  which  he 
shall  offer  to  vote,  shall  be  entitled  to  vote  on  any  question  of 
taxation,  or  the  expenditure  of  any  public  moneys  in  such  town, 
city,  or  district,  until  the  same  be  paid. 


MIGHT    AND     RIGHT.  99 

5.  In  the  city  of  Providence,  and  other  cities,  no  person  shall 
be  eligible  to  the  office  of  mayor,  alderman,  or  common  council 
man,  who  is  not  taxed,  or  who  shall  have  neglected  or  refused  to 
pay  his  lax,  as  provided  in  the  preceding  section. 

6.  The  votinsf  for  all  officers  chosen  by  the  People,  except 
town  or  city  officers,  shall  be  by  ballot ;  that  is  to  say,  by  depos- 
iting a  written  or  printed  ticket  in  the  ballot  box,  without  the 
name  of  the  voter  written  thereon.  Town  or  city  officers  shall 
be  chosen  by  ballot,  on  the  demand  of  any  two  persons  entitled 
to  vote  for  the  same. 

7.  There  shall  be  a  strict  registration  of  all  qualified  voters  in 
the  towns  and  cities  of  the  State  ;  and  no  person  shall  be  per- 
mitted to  vote,  whose  name  has  not  been  entered  upon  the  list  of 
voters  before  the  polls  are  opened. 

8.  The  General  Assembly  shall  pass  all  necessary  laws  for  the 
prevention  of  fraudulent  voting  by  persons  not  having  an  actual, 
permanent  residence,  or  home,  in  the  State,  or  otherwise  dis- 
qualified according  to  this  Constitution ;  for  the  careful  regis- 
tration of  all  voters,  previously  to  the  time  of  voting  ;  for  the 
prevention  of  frauds  upon  the  ballot  box  ;  for  the  preservation  of 
the  purity  of  elections  ;  and  tor  the  safe-keeping  and  accurate 
counting  of  the  votes  ;  to  the  end  that  the  will  of  the  People  may 
be  freely  and  fully  expressed,  truly  ascertained  and  effectually 
exerted,  without  intimidation,  suppression,  or  unnecessary  delay. 

9.  The  electors  shall  be  exempted  from  arrest  on  days  of  elec- 
tion, and  one  day  before,  and  one  day  after  the  same,  except  in 
cases  of  treason,  felony,  or  breach  of  the  peace. 

10.  No  person  shall  be  eligible  to  any  office  by  the  votes  of 
the  People,  who  does  not  possess  the  qualifications  of  an  elector. 

ARTICLE  III. 

OF    THE    DISTRIBUTION    OF    POWERS. 

1.  The  powers  of  the  Government  shall  be  distributed  into 
three  departments,  the  Legislative,  the  Executive  and  the  Ju- 
dicial. 

2.  No  person  or  persons  connected  with  one  of  these  depart- 
ments shall  exercise  any  of  the  powers  belonging  to  either  of 
the  others,  except  in  cases  herein  directed  or  permitted. 

ARTICLE  IV. 

OF    THE    LEGISLATIVE    DEPARTMENT. 

1.  The  Legislative  power  shall  be  vested  in  two  distinct 
Houses,  the  one  to  be  called  the  House  of  Representatives,  the 
other  the  Senate,  and  both  together  the  General  Assembly.  The 
concurrent  votes  of  the  two  Houses  shall  be  necessary  to  the 
enactment  of  laws  :  and  the  style  of  their  laws  shall  be — Be  it 
enacted  by  the  General  Assembly,  as  follows. 

2.  No  member  of  the  General  Assembty  shall  be  eligible  to  any 


100  MIGHT    AND    RIGHT. 

civil  office  under  the  authority  of  the  State  during  the  term  for 
which  he  shall  have  been  elected. 

3.  If  any  Representative,  or  Senator,  in  the  General  Assembly 
of  this  State  shall  be  appointed  to  any  office  under  the  Govern- 
ment of  the  United  States,  and  shall  accept  the  same,  after  his 
election  as  such  Senator  or  Representative,  his  seat  shall  thereby 
become  vacant. 

4.  Any  person  who  holds  an  office  under  the  Government  of 
the  United  States,  may  be  elected  a  member  of  the  General 
Assembly,  and  may  hold  his  seat  therein,  if  at  the  time  of  taking 
his  seat  he  shall  have  resigned  said  office,  and  shall  declare  the 
same  on  oath,  or  affirmation,  if  required. 

5.  No  member  of  the  General  Assembly  shall  take  any  fees, 
be  of  counsel,  or  act  as  advocate  in  any  case  pending  before 
either  branch  of  the  General  Assembly,  under  penalty  of  forfeit- 
ing his  seat,  upon  due  proof  thereof. 

6.  Each  House  shall  judge  of  the  election  and  qualifications  of 
its  members  ;  and  a  majority  of  all  the  members  of  each  House, 
whom  the  towns  and  senatorial  districts  are  entitled  to  elect, 
shall  constitute  a  quorum  to  do  business  ;  but  a  smaller  number 
may  adjourn,  from  day  to  day,  and  may  compel  the  attendance  of 
absent  members,  in  such  a  manner,  and  under  such  penalties  as 
each  House  may  have  previously  described. 

7.  Each  House  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behavior,  and,  with  the  concur- 
rence of  two-thirds  of  the  members  elected,  expel  a  member ;  but 
not  a  second  time  for  the  same  cause. 

8.  Each  House  shall  keep  a  journal  of  its  proceedings,  and 
publish  the  same  when  required  by  one-fifth  of  its  members. 
The  yeas  and  nays  of  the  members  of  either  House,  shall,  at  the 
desire  of  any  five  members  present,  be  entered  on  the  journal. 

9.  Neither  House  shall,  without  the  consent  of  the  other,  ad- 
journ for  more  than  two  days,  nor  to  any  olher  place  than  that  at 
which  the  General  Assembly  is  holding  its  session. 

10.  The  Senators  and  Representatives  shall,  in  all  cases  of 
civil  process,  be  privileged  from  arrest,  during  the  session  of  the 
General  Assembly,  and  for  two  days  before  the  commencement, 
and  two  days  after  the  termination  of  any  session  thereof.  For 
any  speech  in  debate  in  either  House,  no  member  shall  be  called 
in  question  in  any  other  place. 

11.  The  civil  and  military  officers,  heretofore  elected  in  grand 
committee,  shall  hereafter  be  elected  annually  by  the  General 
Assembly,  in  joint  committee,  composed  of  the  two  Houses  of  the 
General  Assembly,  excepting  as  is  otherwise  provided  in  this 
Constitution ;  and  excepting  the  captains  and  subalterns  of  the 
militia,  who  shall  be  elected  by  the  ballots  of  the  members  com- 
posing their  respective  companies,  in  such  manner  as  the  General 
Assembly  may  prescribe ;  and  such  officers,  so  elected,  shall  be 


MIGHT    AND     RIGHT.  101 

approved  of  and  commissioned  by  the  Governor,  who  shall  deter- 
mine their  rank  ;  and  if  said  companies  shall  neglect  or  refuse  to 
make  such  elections,  after  being  duly  notified,  then  the  Governor 
shall  appoint  suitable  persons  to  fill  such  offices. 

12.  Every  bill  and  every  resolution  requiring  the  concurrence 
of  the  two  Houses  (votes  of  adjournment  excepted)  which  shall 
have  passed  both  Houses  of  the  General  Assembly,  shall  be  pre- 
sented to  the  Governor  for  his  revision.  If  he  approve  of  it,  he 
shall  sign  and  transmit  the  same  to  the  Secretary  of  State  ;  but  if 
not,  he  shall  return  it  to  the  House  in  which  it  shall  have  origina- 
ted, with  his  objections  thereto,  which  shall  be  entered  at  large 
on  their  journal.  The  House  shall  then  proceed  to  reconsider 
the  bill  ;  and  if,  after  such  reconsideration,  thai  House  shall  pass 
it,  by  a  majority  of  all  the  members  elected,  it  shall  be  sent,  with 
die  objections  to  the  other  House,  which  shall  also  reconsider  it; 
and  if  approved  by  that  House,  by  a  majority  of  all  the  members 
elected,  it  shall  become  a  law.  If  the  bill  shall  not  be  returned 
by  the  Governor  within  forty-eight  hours  (Sundays  excepted)  after 
it  shall  have  been  presented  to  him,  the  same  shall  become  a  law, 
in  like  manner  as  if  he  had  signed  it,  unless  the  General  Assem- 
bly, by  their  adjournment,  prevent  its  return,  in  which  case  it 
shall  not  be  a  law. 

13.  There  shall  be  two  sessions  of  the  General  Assembly  in 
every  year;  one  session  to  be  held  at  Newport,  on  the  first  Tues- 
day of  June,  for  the  organization  of  the  government,  the  election 
of  officers,  and  foT  other  business;  and  one  other  session  on  the 
first  Tuesday  of  January,  to  be  held  at  Providence,  in  the  first 
year  after  the  adoption  of  this  Constitution,  and  in  every  second 
year  thereafter.  In  the  intermediate  years,  the  January  session 
shall  be  forever  hereafter  held  in  the  counties  of  Washington, 
Kent,  or  Bristol,  as  the  General  Assembly  may  determine,  before 
their  adjournment  in  June. 

ARTICLE  V. 

OF    THE    HOUSE    OF    REPRESENTATIVES. 

1.  The  House  of  Representatives  shall  consist  of  members 
chosen  by  the  electors  in  the  several  towns  and  cities,  in  their 
respective  town  and  ward  meetings,  annually. 

2.  The  Towns  and  Cities  shall  severally  be  entitled  to  elect 
members,  according  to  the  apportionment  which  follows,  viz:  — 
Newport  to  elect  five;  Warwick,  four;  Smithfield,  five ;  Cum- 
berland, North  Providence  and  Scituate,  three  ;  Portsmouth,. 
Westerly,  New  Shoreham,  North  Kingstown,  South  KingstoVn, 
East  Greenwich,  Glocester,  West  Greenwich,  Coventry,  Exeter, 
Bristol,  Tiverton,  Little  Compton,  Warren,  Richmond,  Cranston, 
Charlestown,  Hopkinton,  Johnston,  Foster  and  Burrillville  to 
elect  two  ;  and  Jamestown,  Middletown  and  Barrington  to  elect 
one. 

9* 


102  MIGHT    AND     RIGHT. 

3.  In  the  city  of  Providence  there  shall  be  six  Representative 
Districts,  which  shall  be  the  six  wards  of  said  city.  And  the 
electors  resident  in  said  districts,  for  the  term  of  three  months, 
next  preceding  the  election  at  which  they  offer  to  vote,  shall  be 
entitled  to  elect  two  Representatives  for  each  district. 

4.  The  General  Assembly,  in  case  of  great  inequality  in  the 
population  of  the  wards  of  the  city  of  Providence,  may  cause  the 
boundaries  of  the  six  Representative  districts  therein  to  be  so 
altered  as  to  include  in  each  district,  as  nearly  as  may  be,  an 
equal  number  of  inhabitants. 

5.  The,  House  of  Representatives  shall  have  authority  to  elect 
their  own  Speaker,  clerks  and  other  officers.  The  oath  of  office 
shall  be  administered  to  the  Speaker  by  the  Secretary  of  State, 
or,  in  his  absence,  by  the  Attorney  General, 

6.  Whenever  the  seat  of  a  member  of  the  House  of  Represen- 
tatives shall  be  vacated  by  death,  resignation,  or  otherwise,  the 
vacancy  may  be  filled  by  a  new  election. 

ARTICLE  VI. 

OF    THE     SENATE. 

1.  The  State  shall  be  divided  into  twelve  Senatorial  Districts  ; 
and  each  district  shall  be  entitled  to  one  Senator,  who  shall  be 
annually  chosen  by  the  electors  in  his  district. 

2.  The  first,  second  and  third  Representative  Districts  in  the 
City  of  Providence  shall  constitute  the  first  Senatorial  District; 
the  fourth,  fifth  and  sixth  Representative  Districts  in  said  City 
the  second  District;  the  Town  of  Smithfield  the  third  District; 
the  Towns  of  North  Providence  and  Cumberland  the  fourth  Dis- 
trict ;  the  Towns  of  Scituate,  Glocester,  Burnllville  and  John- 
ston the  fifth  District;  the  Towns  of  Warwick  and  Cranston  the 
sixth  District;  the  Towns  of  East  Greenwich,  West  Greenwich, 
Coventry  and  Foster  the  seventh  District;  the  Towns  of  New- 
port, Jamestown  and  New  Shoreham  the  eighth  District ;  the 
Towns  of  Portsmouth,  Middletown,  Tiverton  and  Little  Compton 
the  ninth  District ;  the  Towns  of  North  Kingstown  and  South 
Kingstown  the  tenth  District ;  the  Towns  of  Westerly,  Charles- 
town,  Exeter,  Richmond  and  Hopkinton  the  eleventh  District ; 
the  Towns  of  Bristol,  Warren  and  Barrington  the  twelfth  Dis- 
trict. 

•3.  The  Lieutenant  Governor  shall  be,  by  virtue  of  his  office, 
President  of  the  Senate  ;  and  shall  have  a  right,  in  case  of  an 
equal  division,  to  vote  in  the  same ;  and  also  to  vote  in  joint  com- 
mittee of  the  two  Houses. 

4.  When  the  Government  shall  be  administered  by  the  Lieu- 
tenant Governor,  or  he  shall  be  unable  to  attend  as  President  of 
the  Senate,  the  Senate  shall  elect  one  of  their  own  members 
President  of  the  same. 


MIGHT    AND     RIGHT.  103 

5.  Vacancies  in  the  Senate  occasioned  by  death,  resignation, 
or  otherwise,  may  be  filled  by  a  new  election. 

6.  The  Secretary  of  State  shall  be,  by  virtue  of  his  office, 
Secretary  of  the  Senate. 

ARTICLE  VII. 

OF    IMPEACHMENTS. 

1.  The  House  of  Representatives  shall  have  the  sole  power  of 
impeachment. 

2.  All  impeachments  shall  be  tried  by  the  Senate  ;  and  when 
sitting  for  that  purpose  they  shall  be  on  oath  or  affirmation.  No 
person  shall  be  convicted  except  by  vote  of  two-thirds  of  the 
members  elected.  When  the  Governor  is  impeached,  the  Chief 
Justice  of  the  Supreme  Court  shall  preside,  with  a  casting  vote 
in  all  preliminary  questions. 

3.  The  Governor,  and  all  other  Executive  and  Judicial  officers, 
shall  be  liable  to  impeachment ;  but  judgments  in  such  cases  shall 
not  extend  further  than  removal  from  office.  The  party  convict- 
ed shall  nevertheless  be  liable  to  indictment,  trial  and  punish- 
ment, according  to  law, 

ARTICLE   VIII. 

OF  THE  EXECUTIVE  DEPARTMENT. 

1.  The  Chief  Executive  power  of  this  State  shall  be  vested  in 
a  Governor,  who  shall  be  chosen  by  the  electors,  and  shall  hold 
his  office  for  one  year,  and  until  his  successor  be  duly  qualified. 

2.  No  person  holding  any  office  or  place  under  the  United 
States,  this  State,  any  other  of  the  United  States,  or  any  foreign 
Power,  shall  exercise  the  office  of  Governor. 

3.  He  shall  take  care  that  the  laws  are  faithfully  executed. 

4.  He  shall  be  commander-in-chief  of  the  military  and  naval 
forces  of  the  State,  except  when  called  into  the  actual  service  of 
the  United  States  ;  but  he  shall  not  march  nor  convey  any  of  the 
citizens  out  of  the  State  without  their  consent,  or  that  of  the 
General  Assembly,  unless  it  shall  become  necessary  in  order  to 
march  or  transport  them  from  one  part  of  the  State  to  another, 
for  the  defence  thereof. 

5.  He  shall  appoint  all  civil  and  military  officers,  whose  ap- 
pointment is  not  by  this  Constitution,  or  shall  not,  by  law,  be 
otherwise  provided  for. 

6.  He  shall,  from  time  to  time,  inform  the  General  Assembly 
of  the  condition  of  the  State  ;  and  recommend  to  their  considera- 
tion such  measures  as  he  may  deem  expedient. 

7.  He  may  require  from  any  military  officer,  or  any  officer  in 
the  executive  department,  information  upon  any  subject  relating 
to  the  duties  of  his  office. 

8.  He  shall  have  power  to  remit  forfeitures  and  penalties,  and 


104 


MIGHT    AND     RIGHT. 


to  grant  reprieves,  commutation  of  punishments,  and  pardons  af- 
ter conviction,  except  in  cases  of  impeachment. 

9.  The  Governor  shall,  at  stated  times,  receive  for  his  services 
a  compensation,  which  shall  not  be  increased,  nor  diminished, 
during  his  continuance  in  office. 

10.  There  shall  be  elected,  in  the  same  manner  as  is  provided 
for  the  election  of  Governor,  a  Lieutenant  Governor,  who  shall 
continue  in  office  for  the  same  term  of  time.  Whenever  the  of- 
fice of  Governor  shall  become  vacant  by  death,  resignation,  re- 
moval from  office  or  otherwise,  the  Lieutenant  Governor  shall 
exercise  the  office  of  Governor,  until  another  Governor  shall  be 
duly  qualified. 

11.  Whenever  the  offices  of  Governor  and  Lieutenant  Gov- 
ernor shall  both  become  vacant,  by  death,  resignation,  removal 
from  office,  or  otherwise,  the  President  of  the  Senate  shall  exer- 
cise the  office  of  Governor,  until  a  Governor  be  duly  qualified ; 
and  should  such  vacancies  occur  during  a  recess  of  the  General 
Assembly,  and  there  be  no  President  of  the  Senate,  the  Secre- 
tary of  State  shall,  by  proclamation,  convene  the  Senate,  that  a 
President  may  be  chosen  to  exercise  the  office  of  Governor. 

12.  Whenever  the  Lieutenant  Governor,  or  President  of  the 
Senate  shall  exercise  the  office  of  Governor,  he  shall  receive 
the  compensation  of  Governor  only  ;  and  his  duties  as  President 
of  the  Senate  shall  cease  while  he  shall  continue  to  act  as  Gov- 
ernor ;  and  the  Senate  shall  fill  the  vacancy  by  an  election  from 
their  own  body. 

13.  In  case  of  a  disagreement  between  the  two  Houses  of  the 
General  Assembly  respecting  the  time  or  place  of  adjournment, 
the  person  exercising  the  office  of  Governor  may  adjourn  them 
to  such  time  or  place  as  he  shall  think  proper ;  provided,  that  the 
time  of  adjournment  shall  not  bo  extended  beyond  the  first  day 
of  the  next  stated  session. 

14.  The  person  exercising  the  office  of  Governor  may,  in  cases 
of  special  necessity,  convene  the  General  Assembly  at  any  town, 
or  city,  in  this  State,  at  any  other  time  than  herein  before  pro- 
vided. And,  in  case  of  danger,  from  the  prevalence  of  epidemic 
or  contagious  diseases,  or  from  other  circumstances,  in  the  place, 
in  which  the  General  Assembly  are  next  to  meet,  he  may,  by 
proclamation,  convene  the  Assembly  at  any  other  place  within 
the  State. 

15.  A  Secretary  of  State,  a  Genersil  Treasurer,  and  an  Attor- 
ney General  shall  also  be  chosen  annually,  in  the  same  manner 
and  for  the  same  time  as  is  herein  provided  respecting  the  Gov- 
ernor. The  duties  of  these  offices  shall  be  the  same  as  are  now 
or  may  hereafter  be  prescribed  by  law.  Should  there  be  a  fail- 
ure to  choose  either  of  them,  or  should  a  vacancy  occur  in  either 
of  their  offices,  the  General  Assembly  shall  fill  the  place  by  an 
election  in  joint  committee. 


MIGHT    AND     RIGHT.  105 

16.  The  electors  in  each  county  shall,  at  the  annual  elections, 
vote  for  an  inhabitant  of  the  county  to  be  sheriff  of  said  county, 
for  one  year,  and  until  a  successor  be  duly  qualified.  In  case  no 
person  shall  have  a  majority  of  the  electoral  votes  of  his  county 
for  Sheriff,  the  General  Assembly,  in  joint  committee,  shall  elect 
a  Sheriff  from  the  two  candidates,  who  shall  have  the  greatest 
number  of  votes  in  such  county. 

17.  All  commissions  shall  be  in  the  name  of  the  State  of  Rhode 
Island  and  Providence  Plantations,  sealed  with  the  seal  of  the 
State,  and  attested  by  the  Secretary, 

ARTICLE  IX. 

GENERAL  PROVISIONS. 

1.  This  Constitution  shall  be  the  supreme  law  of  the  State; 
and  all  laws  contrary  to,  or  inconsistent  with  the  same,  which 
may  be  passed  by  the  General  Assembly,  shall  be  null  and  void. 

2.  The  General  Assembly  shall  pass  all  necessary  laws  for 
carrying  this  constitution  into  effect. 

3.  The  Judges  of  all  the  Courts,  and  all  other  officers,  botii 
civil  and  military,  shall  be  bound  by  oath  or  affirmation,  to  the 
due  observance  of  this  Constitution,  and  of  the  Constitution  of 
the  United  States. 

4.  No  jurisdiction  shall  hereafter  be  entertained  by  the  Gene- 
ral Assembly  in  cases  of  insolvency,  divorce,  sale  of  real  estate 
of  minors,  or  appeal  from  judicial  decisions,  nor  in  any  other  mat- 
ters appertaining  to  the  jurisdiction  of  Judges,  and  Courts  of  law. 
But  the  General  Assembly  shall  confer  upon  the  Courts  of  the 
State  all  necessary  powers  for  affording  relief  in  the  cases  herein 
named ;  and  the  General  Assembly  shall  exercise  all  other  juris- 
diction and  authority,  which  they  have  heretofore  entertained,  and 
which  is  not  prohibited  by,  or  repugnant  to  this  Constitution. 

5.  The  General  Assembly  shall,  from  time  to  time,  cause  esti- 
mates to  be  made  of  the  ratable  property  of  the  State,  in  order 
to  the  equitable  apportionment  of  State  taxes. 

6.  Whenever  a  direct  tax  is  laid  by  the  State,  one-sixth  part 
thereof  shall  be  assessed  on  the  polls  of  the  qualified  electors ; 
provided  that  the  tax  on  a  poll  shall  never  exceed  the  sum  of  fifty 
cents,  and  that  all  persons  who  actually  perform  military  duty,  or 
duty  in  the  fire  department,  shall  be  exempted  from  said  poll  tax. 

7.  The  General  Assembly  shall  have  no  power  hereafter  to 
incur  State  debts,  to  an  amount  exceeding  the  sum  of  Fifty 
Thousand  dollars,  except  in  time  of  war,  or  in  case  of  invasion, 
without  the  express  consent  of  the  People.  Every  proposition 
for  such  increase  shall  be  submitted  to  the  electors,  at  the  next 
annual  election,  or  on  some  day  to  be  set  apart  for  that  purpose  ; 
and  shall  not  be  farther  entertained  by  the  General  Assembly, 
unless  it  receive  the  votes  of  a  majority  of  all  the  persons  voting. 
This  section  shall  not  be  construed  to  refer  to  any  money  that 


106  MIGHT    AND     RIGHT. 

now  is,  or  hereafter  may  be,  deposited  with  this  State  by  the  Ge- 
neral Government. 

8.  The  assent  of  two-thirds  of  the  members  elected  to  each 
House  of  the  General  Assembly,  shall  be  requisite  to  every  bill 
appropriating  the  public  moneys,  or  property,  for  local  or  private 
purposes ;  or  for  creating,  continuing,  altering  or  renewing  any 
body  politic  or  corporate,  banking  corporations  excepted. 

9.  Hereafter,  when  any  bill  creating,  continuing,  altering  or 
renewing  any  banking  corporation,  authorised  to  issue  its  pro- 
missory notes  for  circulation  shall  pass  the  two  Houses  of  the  Ge- 
neral Assembly,  instead  of  being  sent  to  the  Governor,  it  shall 
be  referred  to  the  electors  for  their  consideration,  at  the  next  an- 
nual election,  or  on  some  day  to  be  set  apart  for  that  purpose, 
with  printed  tickets,  containing  the  question,  shall  said  bill  (with 
a  brief  description  thereof)  be  approved,  or  not;  and  if  a  majority 
of  the  electors  voting  shall  vote  to  approve  said  bill,  it  shall  be- 
come a  law,  otherwise  not. 

JO.  All  grants  of  incorporation  shall  be  subject  to  future  acts 
of  the  General  Assembly,  in  amendment  or  repeal  thereof,  or  in 
any  wise  affecting  the  same,  and  this  provision  shall  be  inserted 
in  all  acts  of  incorporation  hereafter  granted. 

11.  The  General  Assembly  shall  exercise,  as  heretofore,  a  vi- 
sitorial  power  over  corporations.  Three  Bank  Commissioners 
shall  be  chosen  at  the  June  session  for  one  year,  to  carry  out  the 
powers  of  the  General  Assembly  in  this  respect.  And  Commis- 
sioners for  the  visitation  of  other  corporations,  as  the  General 
Assembly  may  deem  expedient,  shall  be  chosen  at  the  June  ses- 
sion for  the  same  term  of  office. 

12.  No  city  council,  or  other  government,  in  any  city,  shall 
have  power  to  vote  any  tax  upon  the  inhabitants  thereof,  except- 
ing the  amount  necessary  to  meet  the  ordinary  public  expenses 
in  the  same,  without  fhst  submittyig  the  question  of  an  addi- 
tional tax,  or  taxes,  to  the  electors  of  said  city ;  and  a  majority 
of  all  who  vote  shall  determine  the  question  But  no  elector 
shall  be  entitled  to  vote,  in  any  city,  upon  any  question  of  taxa- 
tion thus  submitted,  unless  he  shall  be  qualified  by  the  possession 
in  his  own  right,  of  ratable  property  to  the  amount  of  one  hun- 
dred and  fifty  dollars,  and  shall  have  been  assessed  thereon  to 
pay  a  city  tax,  and  shall  have  paid  the  same,  as  provided  in  sec- 
tion fourth  of  Article  II.  Nothing  in  that  article  shall  be  so 
construed  as  to  prevent  any  elector  from  voting  for  town  officers, 
and,  in  the  city  of  Providence,  and  other  cities,  for  mayor,  alder- 
men, and  members  of  the  common  council. 

13.  The  General  Assembly  shall  not  pass  any  law,  nor  cause 
any  act  or  thing  to  be  done,  in  any  way  to  disturb  any  of  the 
owners  or  occupants  of  land  in  any  territory  now  under  the  jur- 
isdiction of  any  other  State,  or  States,  the  jurisdiction  whereof 
may  be  ceded  to,  or  decreed  to  belong  to  this  State  ;  and  the  in- 


MIGHT  AND  RIGHT.  107 

habitants  of  such  territory  shall  continue  in  the  full,  quiet  and 
undisturbed  enjoyment  of  their  title  to  the  same,  without  interfe- 
rence in  any  way  on  the  part  of  this  State. 

ARTICLE  X. 

OF  ELECTIONS. 

1.  The  election  of  the  Governor,  Lieutenant  Governor,  Secre- 
tary of  State,  General  Treasurer,  Attorney  Genera),  and  also  of 
Senators  and  Representatives  to  the  General  Assembly,  and  of 
Sheriffs,  of  the  counties,  shall  be  held  on  the  third  Wednesday 
of  April,  annually. 

2.  The  names  of  the  persons  voted  for  as  Governor,  Lieuten- 
ant Governor,  Secretary  of  State,  General  Treasurer,  Attorney 
General  and  Sheriffs  of  the  respective  counties,  shall  be  put  upon 
one  ticket;  and  the  tickets  shall  be  deposited  by  the  electors  in 
a  box  by  themselves.  The  names  of  the  persons  voted  for  as 
Senators,  and  as  Representatives  shall  be  put  upon  separate  tick- 
ets, and  the  tickets  shall  be  deposited  in  separate  boxes.  The 
polls  for  all  the  officers  named  in  this  section  shall  be  opened  at 
the  same  time. 

3.  All  the  votes  given  for  Governor,  Lieutenant  Governor,  Se- 
cretary of  State,  General  Treasurer,  Attorney  General,  Sheriffs, 
and  also  for  Senators  shall  remain  in  the  ballot  boxes  till  the  polls 
be  closed.  These  votes  shall  then,  in  open  town  and  ward  meet- 
ings, and  in  the  presence  of  at  least  ten  qualified  voters,  be  taken 
out  and  sealed  up,  in  separate  envelopes,  by  the  moderators  and 
town  clerks,  and  by  the  wardens  and  ward  clerks,  who  shall  cer- 
tify the  same,  and  forthwith  deliver  or  send  them  to  the  Secre- 
tary of  State,  whose  duty  it  shall  be  securely  to  keep  the  same, 
and  to  deliver  the  votes  for  State  Officers  and  Sheriffs  to  the 
Speaker  of  the  House  of  Representaves,  after  the  House  shall  be 
organised,  at  the  June  Session  of  the  General  Assembly.  The 
votes  last  named  shall,  without  delay,  be  opened,  counted  and  de- 
clared, in  such  manner  as  the  House  of  Representatives  shall  di- 
rect; and  the  oath  of  office  shall  be  administered  to  the  persons 
who  shall  be  declared  to  he  elected,  by  the  Speaker  of  the  House 
of  Representatives,  and  in  the  presence  of  the  House;  provided 
that  the  Sheriffs  may  take  their  engagement  before  a  Senator, 
Judge  or  Justice  of  the  Peace.  The  votes  for  Senators  shall  be 
counted  by  the  Governor  and  Secretary  of  State,  within  seven 
days  from  the  day  of  election ;  and  the  Governor  shall  give  cer- 
tificates to  the  Senators  who  are  elected. 

4.  The  boxes  containing  the  votes  for  Representatives  to  the 
General  Assembly  in  the  several  towns  shall  not  be  opened  till 
the  polls  for  Representatives  are  declared  to  be  closed.  The 
votes  shall  then  he  counted  by  the  moderator  and  clerk,  who 
ahall  announce  the  result,  and  give  certificates  to  the  persons 
elected.    If  there  be  no  election,  or  not  an  election  of  the  whole 


108  MIGHT    AND    RIGHT. 

number  of  Representatives,  to  which  the  town  is  entitled,  the 
polls  for  Representatives  may  be  re-opened,  and  the  like  proceed- 
ings shall  be  had,  until  an  election  shall  take  place ;  provided, 
however,  that  an  adjournment  of  the  election  may  be  made  to  a 
time  not  exceeding  seven  days  from  the  first  meeting. 

5.  In  the  city  of  Providence,  and  other  cities,  the  polls  for  Re- 
presentatives shall  be  kept  open  during  the  whole  time  of  voting 
for  the  day ;  and  the  votes  in  the  several  wards  shall  be  sealed 
up,  at  the  close  of  the  meeting  by  the  wardens  and  ward  clerks, 
in  the  presence  of  at  least  ten  qualified  electors,  and  delivered  to 
the  city  clerks.  The  mayor  and  aldermen  of  said  city,  or  cities, 
shall  proceed  to  count  said  votes  within  two  days  from  the  day  of 
election ;  and  if  no  election,  or  an  election  of  only  a  portion  of 
the  Representatives,  whom  the  Representative  Districts  are  enti- 
tled to  elect,  shall  have  taken  place,  the  mayor  and  aldermen 
shall  order  a  new  election,  to  be  held  not  more  than  ten  days 
from  the  day  of  the  first  election ;  and  so  on  till  the  election  of 
Representatives  shall  be  completed.  Certificates  of  election  shall 
be  furnished  to  the  persons  chosen  by  the  city  clerks. 

6.  If  there  be  no  choice  of  a  Senator,  or  Senators,  at  the  an- 
nual election,  the  Governor  shall  issue  his  warrant  to  the  town 
and  ward  clerks  of  the  several  towns  and  cities,  in  the  Senatorial 
District  or  Districts,  that  may  have  failed  to  elect,  requiring  them 
to  open  town  or  ward  meetings  for  another  election,  on  a  day  not 
more  than  fifteen  days  beyond  the  time  of  counting  the  votes  for 
Senators.  If,  on  the  second  trial  there  shall  be  no  choice  of  a 
Senator,  or  Senators,  the  Governor  shall  certify  the  result  to  the 
Speaker  of  the  House  of  Representatives  ;  and  the  House  of  Re- 
presentatives, and  as  many  Senators  as  shall  have  been  chosen, 
shall  forthwith  elect,  in  joint  committee,  a  Senator  or  Senators, 
from  the  two  candidates,  who  may  receive  the  highest  number  of 
votes  in  each  district. 

7.  If  there  be  no  choice  of  Governor,  at  the  annual  election, 
the  Speaker  of  the  House  of  Representatives  shall  issue  his  war- 
rant to  the  clerks  of  the  several  towns  and  cities,  requiring  them 
to  notify  town  and  ward  meetings  for  another  election,  on  a  day 
to  be  named  by  him,  not  more  than  thirty,  nor  less  than  twenty 
days  beyond  the  time  of  receiving  the  report  of  the  committee  of 
the  House  of  Representatives,  who  shall  count  the  votes  for  Gov- 
ernor. If,  on  this  second  trial  there  shall  be  no  choice  of  a  Gov- 
ernor, the  two  Houses  of  the  General  Assembly  shall,  at  their 
next  session,  in  joint  committee,  elect  a  Governor  from  the  two 
candidates  having  the  highest  number  of  votes,  to  hold  his  office 
for  the  remainder  of  the  political  year,  and  until  his  successor 
be  duly  qualified. 

8.  If  there  be  no  choice  of  Governor  and  Lieutenant  Governo- 
at  the  annual  election,  the  same  proceedings  for  the  choice  of  t. 
Lieutenant  Governor  shall  be  had  as  are  directed  in  the  preceding 


MIGHT    AND    RIGHT.  109 

section ;  provided,  that  the  second  trial  for  the  election  of  Gov- 
ernor and  Lieutenant  Governor  shall  be  on  the  same  day  ;  and 
also  provided,  that,  if  the  Governor  shall  be  chosen  at  the  annual 
election,  and  the  Lieutenant  Governor  shall  not  be  chosen,  then 
the  last  named  officer  shall  be  elected  in  joint  committee  of  the 
two  Houses,  from  the  two  candidates  having  the  highest  number 
of  votes,  without  a  further  appeal  to  the  electors.  The  Lieuten- 
ant Governor,  elected  as  is  provided  in  this  section,  shall  hold  his 
office  as  is  provided  in  the  preceding  section  respecting  the  Gov- 
ernor. 

9.  All  town,  city,  and  ward  meetings  for  the  choice  of  Repre- 
sentatives, Justices  of  the  Peace,  Sheriffs,  Senators,  State  Offi- 
cers, Representatives  to  Congress,  and  Electors  of  President  and 
Vice  President,  shall  be  notified  by  the  town,  city,  and  ward 
clerks,  at  least  seven  days  before  the  same  are  held. 

10.  In  all  elections  held  by  the  people  under  this  Constitution, 
a  majority  of  all  the  electors  voting  shall  be  necessary  to  the 
choice  of  the  person  or  persons  voted  for. 

11.  The  oath,  or  affirmation,  to  be  taken  by  all  the  officers 
named  in  this  article,  shall  be  the  following.  You,  being  elected 
to  the  place  of  Governor,  Lieutenant  Governor,  Secretary  of 
State,  General  Treasurer,  Attorney  General,  or  to  the  places  of 
Senators  or  Representatives,  or  to  the  office  of  Sheriff  or  Justice 
of  the  Peace,  do  solemnly  swear,  or  severally  solemnly  swear,  or 
affirm,  that  you  will  be  true  and  faithful  to  the  State  of  Rhode 
Island  and  Providence  Plantations,  and  that  you  will  support  the 
Constitution  thereof;  that  you  will  support  the  Constitution  of 
the  United  States,  and  that  you  will  faithfully  and  impartially 
discharge  the  duties  of  your  aforesaid  office,  to  the  best  of  your 
abilities  and  understanding  —  So  help  you  God!  or,  this  affirma- 
tion you  make  and  give  upon  the  peril  of  the  penalty  of  perjury. 

ARTICLE  XL 

OF    THE    JUDICIARY. 

1.  The  Judicial  power  of  this  State  shall  be  vested  in  one  Su- 
preme Court,  and  in  such  other  Courts,  inferior  to  the  Supreme 
Court,  as  the  Legislature  may,  from  time  to  time,  ordain  and  es- 
tablish;  and  the  jurisdiction  of  the  Supreme  and  of  all  other 
Courts,  may,  from  time  to  time,  be  regulated  by  the  General  As- 
sembly. 

2.  Chancery  powers  may  be  conferred  on  the  Supreme  Court ; 
but  no  other  Court  exercising  chancery  powers  shall  be  estab- 
lished in  this  State,  except  as  is  now  provided  by  law. 

3.  The  Justices  of  the  Supreme  Court  shall  be  elected  in  joint 
committee  of  the  two  Houses,  to  hold  their  offices  for  one  year, 
and  until  their  places  be  declared  vacant  by  a  resolution  to  that 
effect,  which  shall  be  voted  for  by  a  majority  of  all  the  members 
elected  to  the  House  in  which  it  may  originate,  and  be  concurred 

10 


nO  MIGHT    AND     RIGHT. 

in  by  the  same  vote  of  the  other  House,  without  revision  by  the 
Governor.  Such  resolution  shall  not  be  entertained  at  any  other 
than  the  annual  session  for  the  election  of  public  officers ;  and, 
in  default  of  the  passage  thereof  at  the  said  session,  the  Judge, 
or  Judges,  shall  hold  his  or  their  place  or  places  for  another  year. 
But  a  Judge  of  any  Court  shall  be  removable  from  office,  if,  upon 
impeachment,  he  shall  be  found  guilty  of  any  official  misde- 
meanor. 

4.  In  case  of  vacancy  by  the  death,  resignation;  refusal,  or  in- 
ability to  serve,  or  removal  from  the  State  of  a  Judge  of  any 
Court,  his  place  may  be  filled  by  the  joint  committee,  until  the 
next  annual  election  ;  when,  if  elected,  he  shall  hold  his  office  as 
herein  provided. 

5.  The  Justices  of  the  Supreme  Court  shall  receive  a  compen- 
sation, which  shall  not  be  diminished  during  their  continuance  in 
office. 

6.  The  Judges  of  the  Courts  inferior  to  the  Supreme  Court 
shall  be  annually  elected  in  joint  committee  of  the  two  Houses, 
except  as  herein  provided. 

7.  There  shall  be  annually  elected  by  each  town,  and  by  the 
several  wards  in  the  city  of  Providence,  a  sufficient  number  of 
Justices  of  the  Peace,  or  Wardens,  resident  therein,  with  such 
jurisdiction  as  the  General  Assembly  may  prescribe.  And  said 
Justices,  or  Wardens,  (except  in  the  towns  of  New  Shoreman 
and  Jamestown)  shall  be  commissioned  by  the  Governor. 

8.  The  General  Assembly  may  provide,  that  Justices  of  th« 
Peace,  who  are  not  re-elected,  may  hold  their  offices  for  a  time 
not  exceeding  ten  days  beyond  the  day  of  the  annual  election  of 
these  officers. 

9.  The  Courts  of  Probate  in  this  State,  except  the  Supreme 
Court,  shall  remain  as  at  present  established  by  Law,  until  the 
General  Assembly  shall  otherwise  prescribe. 

SECTION  XII. 

OF    EDUCATION. 

1.  All  moneys  which  now  are,  or  may  hereafter  be  appropriat- 
ed, by  the  authority  of  the  State,  to  public  education,  shall  be 
securely  invested,  and  remain  a  perpetual  fund  for  the  mainte- 
nance of  free  Schools  in  this  State ;  and  the  General  Assembly 
are  prohibited  from  diverting  said  moneys,  or  fund,  from  this  use, 
and  from  borrowing,  appropriating,  or  using  the  same,  or  any 
part  thereof,  for  any  other  purpose,  or  under  any  pretence  what- 
soever. But  the  income  derived  from  said  moneys,  or  fund,  shall 
be  annually  paid  o\er,  by  the  General  Treasurer,  to  the  towns 
and  cities  of  the  State,  for  the  support  of  said  schools,  in  equita- 
ble proportions ;  provided,  however,  that  a  portion  of  said  income 
may,  in  the  discretion  of  the  General  Assembly,  be  added  to  the 
principal  of  said  fund. 


MIGHT    AND     RIGHT.  Ill 

2.  Th©  several  towns  and  cities  shall  faithfully  devote  their 
portions  of  said  annual  distribution  to  the  support  of  Free 
Schools ;  and,  in  default  thereof,  shall  forfeit  their  shares  of  the 
same,  to  the  increase  of  the  fund. 

3.  All  charitable  donations  for  the  support  of  Free  Schools, 
and  other  purposes  of  Public  Education,  shall  be  received  by  the 
General  Assembly,  and  invested,  and  applied  agreeably  to  the 
terms  prescribed  by  the  donors ;  provided  the  same  be  not  incon- 
sistent with  the  Constitution,  or  with  sound  public  policy ;  in 
which  case  the  donation' shall  not  be  received. 

ARTICLE  XIII. 

AMENDMENTS. 

The  General  Assembly  may  propose  amendments  to  this  Con- 
stitution by  the  vote  of  a  majority  of  all  the  members  elected  to 
each  House.  Such  propositions  shall  be  published  in  the  news- 
papers of  the  State ;  and  printed  copies  of  said  propositions  shall 
be  sent  by  the  Secretary  of  State,  with  the  names  of  all  the 
members  who  shall  have  voted  thereon,  with  the  yeas  and  nays, 
to  all  the  town  and  city  clerks  in  the  State ;  and  the  said  propo- 
sitions shall  be  by  said  clerks  inserted  in  the  notices,  by  them 
issued,  for  warning  the  next  annual  town  and  ward  meetings  in 
April,  and  the  town  and  ward  clerks  shall  read  said  propositions 
to  the  electors  when  thus  assembled,  witii  the  names  of  all  the 
Representatives  and  Senators  who  shall  have  voted  thereon,  with 
the  yeas  and  nays,  before  the  election  of  Representatives  and 
Senators  shall  be  had.  If  a  majority  of  all  the  members  elected 
at  said  annual  meetings,  present  m  each  House,  shall  approve 
any  proposition  thus  made,  the  same  shall  be  published,  as  be- 
fore provided,  and  then  sent  to  the  electors  in  the  mode  provided 
in  the  act  of  approval ;  and,  if  then  approved  by  a  majority  of 
the  electors  who  shall,  vote  in  town  and  ward  meetings,  to  be  spe- 
cially convened  for  that  purpose,  it  shall  become  a  part  of  the 
Constitution  of  the  State. 

AitTICLE  XIV. 

-  tON  THE  ADOPTION  V0F  THE  CONSTITUTION. 

1.  This  Constitution  shall  be  submitted  to  the  People,  for  their 
adoption  or  rejection,  on  Monday,  the  27th  day  of  December 
ciext,  and  on  the  two  succeeding  days;  and  all  persons  voting 
are  requested  to  deposit  in  the  ballot-boxes  printed  or  written 
tiskets  in  the  following  form  :  —  I  am  an  American  citizen,  of  the 
iige  of  twenty-one  years,  and  have  my  permanent  residence  or 
home  in  this  State.  I  am,  (or  not)  qualified  to  vote  under  the 
existing  laws  of  this  State.  I  vote  for  (or  against)  the  Constitu- 
tion formed  by  the  Convention  of  the  People,  assembled  at  Pro- 
vidence, and  which  was  proposed  to  the  People  by  said  Conven- 
tion, on  the  18th  day  of  November,  1841. 
J£,.|2yerv  ypter.is  requested  to  write  his  name  on  the  face  pf 


112  MIGHT    AND     RIGHT. 

his  ticket ;  and  every  person,  entitled  to  vote  as  aforesaid,  who 
from  sickness,  or  other  causes,  may  be  unable  to  attend  and  vote 
in  the  town  or  ward  meeting's,  assembled  for  voting  upon  said 
Constitution,  on  the  days  aforesaid,  is  requested  to  write  his 
name  upon  a  ticket,  and  to  obtain  the  signature  upon  the  back 
of  the  same,  as  a  person  who  has  given  his  vote,  as  a  witness 
thereto.  And  the  Moderator,  or  Clerk  of  any  town  or  ward 
meeting,  convened  for  the  purpose  aforesaid,  shall  receive  such 
vote,  on  either  of  the  three  days  next  succeeding  the  three 
days  before  named  for  voting  on  said  Constitution. 

3.  The  citizens  of  the  several  towns  in  this  State,  and  of  the 
several  wards  in  the  city  of  Providence,  are  requested  to  hold 
town  and  ward  meetings  on  the  days  appointed,  and  for  the  pur- 
pose aforesaid ;  and  also  to  choose  in  each  town,  and  ward,  a 
Moderator  and  Clerk,  to  conduct  said  meetings  and  receive  the 
votes. 

4.  The  Moderators  and  Clerks  are  required  to  receive  and 
carefully  to  keep  the  votes  of  all  persons  qualified  to  vote  as 
aforesaid,  and  to  make  registers  of  all  the  persons  voting;  which, 
together  with  the  tickets  given  in  by  the  voters,  shall  be  sealed 
up,  and  returned  by  said  moderators  and  clerks,  with  certificates 
signed  and  sealed  by  them,  to  the  clerks  of  the  Convention  of 
the  People,  to  be  by  them  safely  deposited  and  kept,  and  laid  be- 
fore said  Convention,  to  be  counted  and  declared,  at  their  next 
adjourned  meeting  on  the  12th  day  of  January,  1842. 

5.  This  Constitution,  except  so  much  thereof  as  relates  to  the 
election  of  the  officers  named  in  the  sixth  section  of  this  article, 
shall,  if  adopted,  go  into  operation  on  the  first  Tuesday  in  May, 
in  the  year  one  thousand  eight  hundred  and  forty-two. 

6.  So  much  of  the  Constitution  as  relates  to  the  election  of 
officers  named  in  this  section,  shall  go  into  operation  on  the 
Monday  before  the  third  Wednesday  of  April  next  preceding. 
The  first  election  under  this  Constitution  of  Governor,  Lieuten- 
ant Governor,  Secretary  of  State,  General  Treasurer,  and  Attor- 
ney General,  of  Senators  and  Representatives,  of  Sheriffs  for  the 
several  counties,  and  of  Justices  of  the  Peace  for  the  several 
towns,  and  the  Wards  of  the  city  of  Providence,  shall  take  place 
on  the  Monday  aforesaid. 

7.  The  electors  of  the  several  towns  and  wards  are  authorised 
to  assemble  on  the  day  aforesaid,  without  being  notified  as  is 
provided  in  section  ninth  of  article  X,  and  without  the  registra- 
tion required  in  section  seventh  of  Article  II,  and  to  choose  mo- 
derators and  clerks,  and  proceed  in  the  election  of  the  officers 
named  in  the  preceding  section. 

8.  The  votes  given  in  at  the  first  election  for  Representatives 
to  the  General  Assembly,  and  for  Justices  of  the  Peace,  shall  be 
counted  by  the  moderators  and  clerks  of  the  towns,  and  wards, 
chosen  as  aforesaid  :  and  certificates  of  election  shall  be  furnished 
by  them  to  the  Representatives  and  Justices  of  the  Peace  elected. 


.MIGHT    AND     RIGHT.  113 

*T).  Sttid  moderators  and  clerks  shall  seal  up,  certify,  and  trans- 

rmit  to  the  House  of  Representatives  all  the  votes  that  may  be 

given  in,  at  said  first  election,  for  Governor  and  State  officers, 

and  for  Senators  and  Sheriffs;  and  the  votes  shall  be  counted  as 

the  House  of  Representatives  may  direct. 

10.  The  Speaker >Of  the  House  of  Representatives  shall,  at  the 
first  session  of  the- same,  qualify  himself  to  administer  the  oath  of 
office  to  the  members  of  the  House,  and  to  other  officers,  by  tak- 
.  ing  and  subscribing  the  same  oath  in  presence  of  the  House. 

ii.  The  first  session  of  the  General  Assembly  shall  be  held  in 

-  the  city  of  Providence,  on  the  first  Tuesday  of  May,  in  the  year 

one  thousand  eight  hundred  and  forty-two,  with  such  adjourn- 

.  ments  as  may  be  necessary ;  but  all  other  sessions  shall  be  held 

,  as  is  provided  in  Article  1 V .  of  this  Constitution. 

12.  If  any  of  the  Representatives  whom  the  towns,  or  districts, 
are  entitled  to  choose,  at  the  first  annual  election  aforesaid,  shall 

>  not  be  then  elected,  or  if  their  places  shall  become  vacant  during 
the  year,  the  same  proceedings  may  be  had  to  complete  the  elec- 
tion, or  to  supply  vacancies,  as  are' directed  concerning  elections 
in  the  preceding  sections  of  this  article. 

13.  If  there  shall  be  no  election  of  Governor  or  Lieutenant 
Governor,  or  of  both  of  these  officers,»or  of  a  Senator  or  Senators, 
at  the  first  annual  election,  the  House  of  Representatives,  and  as 
many  Senators  as  are  chosen,  shall  forthwith  elect,  in  joint  com- 
mittee, a  Governor,  or  Lieutenant  Governor,  or  both,  or  a  Sena- 
tor or  Senators,  to  hold  their  officers  for  the  remainder  of  the  po- 
litical year,  and,  in  the  case  of  the  two  officers  first  named,  until 
their  successors  shall  be  duly  qualified. 

14.  If  the  numberof.  Justices  of  the  Peace  determined  by  the 
several  towns  and  wards  on  the  day  of  the  first  annual  election, 
shall  not  be  then  chosen,- or  if  vacancies  shall  occur,  the  same 
proceedings  shall  be  had  as  are  provided  for  in  this,  article  in  the 
case  of  a  non-election  of  Representatives  and  Senators,  or  of 
vacancies  in  their  officers.  The  Just  ices  of  the  Peace  thus  elect- 
ed, shall  hold  office  for  the  remainder  of  the  political  year,  or 
until  the  second  annual  election  of  Justices  of  the  Peace,  to  be 
held  on  such  day  as  maybe  prescribed  by  the  General  Assembly. 

15.  The  Justices  of  the  Peace  elected  in  pursuance  of  the  pro- 
visions of  this  Article  may  be  engaged  by  the  persons  acting  as 
moderators  of  the  town  and  Ward  meetings,  as  herein  provided  ; 
and  said  Justices,  after,  obtaining  their  certificates  of  election, 
may  discharge  the  duties  of  their  office,  for  a  time  not  exceeding 
twenty  days,  without  a  commission  from  the  Governor. 

16.  Nothing  contained  in  this  Article,  inconsistent  with  any 
of  the  provisions  of  other  Articles  of  the  Constitution,  shall  con- 
tinue in  force  for  a  longer  period  than  the  first  political  year  un- 
der the  same. 

17.  The  present  government  shall  exercise  all  the  powers  with 

10* 


114  MIGHT    AND     RIGHT. 

which  it  is  now  clothed,  until  the  said  first  Tuesday  of  May,  one 
thousand  eight  hundred  and  forty-two,  and  until  their  successors 
under  this  Constitution  shall  be  duly  elected  and  qualified. 

18.  All  civil,  judicial,  and  military  officers  now  elected,  or 
who  shall  hereafter  be  elected  by  the  General  Assembly,  or 
other  competent  authority,  before  the  said  first  Tuesday  of  May, 
shall  hold  their  offices  and  may  exercise  their  powers  until  that 
time. 

19.  All  laws  and  statutes,  public  and  private,  now  in  force, 
and  not  repugnant  to  this  Constitution,  shall  continue  in  force 
until  they  expire  by  their  own  limitation,  or  are  repealed  by  the 
General  Assembly.  All  contracts,  judgments,  actions,  and  rights 
of  action,  shall  be  as  valid  as  if  this  Constitution  had  not  been 
made.  All  debts  contracted,  and  engagements  entered  into,  be- 
fore the  adoption  of  this  Constitution,  shall  be  as  valid  against 
the  State,  as  if  this  constitution  had  not  been  made. 

20.  The  Supreme  Court,  established  by  this  Constitution,  shall 
have  the  same  jurisdiction  as  the  Supreme  Judicial  Court  at  pre- 
sent established;  and  shall  have  jurisdiction  of  all  causes  which 

.  may  be  appealed  to,  or  pending  in  the  same;  and  shall  be  held 
at  the  same  times  and  places,  in  each  county,  as  the  present  Su- 
preme Judicial  Court,  until  the  General  Assembly  shall  otherwise 
prescribe. 

21.  The  citizens  of  the  town  of  New  Shoreham  shall  be  here- 
after exempted  from  military  duty,  and  the  duty  of  serving  as 
jurors  in  the  Courts  of  this  State.  The  citizens  of  the  town  of 
Jamestown  shall  be  forever  hereafter  exempted  from  military  field 
duty. 

22.  The  General  Assembly  shall,  at  their  first  session  after 
the  adoption  of  this  Constitution,  propose  to  the  electors  the 
question,  whether  the  word  "  white,"  in  the  first  line  of  the  first 
section  of  Article  II  of  the  Constitution  shall  bo  stricken  out. 
The  question  shall  be  voted  upon  at.  the  succeeding  annual  elec- 
tion ;  and  if  a  majority  of  the  electors  voting  shall  vote  to  strike 
out  the  word  aforesaid,  it  shall  be  stricken  from  the  Constitution; 
otherwise  not.  [f  the  word  aforesaid  shall  be  stricken  out,  sec- 
tion 3d  of  Artiele  II  shall  cease  to  be  a  part  of  the  Constitution. 

23.  The  President,  Vice  President,  and  Secretaries,  shall 
certify  and  sign  this  Constitution,  and  cause  the  same  to  be  pub- 
lished. 

Done  in  Convention,  at  Providence,  on  the  18th  day  of  Novem- 
ber, in  the  year  one  thousand  eight  hundred  and  foiiy-one,  and  of 
American  Independence  the  sixty-sixth. 

JOSEPH  JOSLIN,  President  oftlic  Convention. 
WAGER  WEEDEN,       )  „    p-dents 
SAMUEL  H.  WALES.   $  Vyx  Residents. 
Attest  : 

William  H.  Smith,    /  Secretaries 
John  S.  Harris,         J  feretories. 


MIGHT    AND     RIGHT.  115 

CHAPTER  VII. 

THE    RIGHT    OF    CHANGE. 

And  while  the  events  recorded  in  the  last  chapter 
were  going  on,  the  Chartists,  also,  were  busy  —  not 
merely  with  their  own  business,  but  an  under-cur- 
rent was  set  in  motion,  calculated  to  undermine  the 
works  of  their  neighbors,  which  they  had  begun  to 
perceive  they  could  not  openly  prostrate.  Like 
certain  other  rulers,  in  certain  other  place,  they  re- 
solved . 

"  Our  better  part  remains 
To  work  in  close  disguise,  by  fraud,  or  guile : " 

and,  thereupon,  the  foulest  slanders  were  propagated, 
and  the  grossest  personal  abuse  —  the  dernier  resort 
of  conscious  weakness  —  was  freely  indulged  in.  The 
Suffrage  Party  were  represented  to  have  no  leaders, 
no  talent,  no  money,  no  honesty  ;  and  their  particu- 
lar professions,  which  suited  not  the  polished  nerve 
of  courtly  ears,  were  held  up  in  derision. 

But  the  true  spirit  of  Rhode  Island  was  awake, 
and  up,  and  acting  —  by  which  I  mean  not  the  spirit 
of  domination,  of  usurpation,  of  despotic  tyranny,  as 
some  of  our  statesmen  are  fain  to  represent  it  —  but 
that  high  and  indomitable  spirit  of  liberty,  which 
GOD  breathed  into  the  soul  of  man,  when  he  first 
pronounced  it  living  —  and  formed  after  His  own 
image  —  and  which  no  hand  of  clay  ever  bestowed  — 
or  ever  can  bestow.  This  spirit  was  awake — is 
awake  :  and  not  till  the  universal  heart  of  Rhode 
Island  shall  forget  to  cherish  the  names  of  her  vene- 
rated founders  —  not  till  the  good  seed  which  was 
planted  by  her  noblest  exiled  son,  when  first  she 
opened  her  maternal  arms  to  receive  him,  shall  be 
covered  with  the  blight  and  mildew  of  death,  and  no 


1*16  -MIGHT    AND    RIGHT. 

more  spring  up,  and  blossom,  bearing  precious  fruits, 
shall  that  spirit  be  lulled  by  sorcery  into  forgetful- 
ness  of  its  rights  and  duties,  Or  be  compelled  by 
force  to  surrender  its  high  trust. 

In  regard  to  the  People's  Constitution,  I  would 
observe  that  a  perfect  work  is  not  to  be  expected 
from  one  effort,  even  of  the  wisest  and  the  greatest ; 
but  must  be  the  result  of  a  series  of  efforts.  Of  its 
general  merits,  pro  and  con,  I  leave  these  best  quali- 
fied to  judge  for  themselves,  fully  believing  that,  in 
most  respects,  it  will  be  its  own  best  vindicator. 

It  was  finally  submitted  to  the  People,  as  record- 
ed in  the  last  chapter,  and  was  adopted  by  a  majority 
of  4746.     Deducting  3000,  supposed  to  be  the  num- 
ber of  persons  insane,  convicts,  and  under  guardian- 
ship, from  26,142,  the  number  of  males  in  the  State 
over  21  years  of  age,  and  you  have  23,142,  of  whom 
a  majority  would  be    11,572.     13,944  votes  were 
given  for  the  Constitution,  which  is  873  votes  more* 
than  one-half  of  all  the  adult  males  in  the  State  : 
and  2372  more  than  half  of  all  >  those  qualified  to 
vote  for   the    Constitution.      After   deducting  from 
23,142,  the  whole  number  who  voted  for  the  Con- 
stitution, we  have  a  remainder  of  9198,  of  whom 
9146  did  not  vote,  and  52  voted  against  the  Consti- 
tution.    There  were  4960  freemen  who  voted  for  the 
Constitution  ;  which,   taking   8622,   the  number  of 
votes  polled  for  Harrison  in  1840,  as  the   standard 
number  of  freemen,  gives  a  majority  of  1298  of  all 
the  freemen  in  the  State.    Was  not,  then,  the  making 
and  adoption  of  the  People's  Constitution,  eminently, 
pre-eminently  the  work  of  the  People  ;  and  that, 
too,  even  of  the  (so  called)  "  legal  people  ?  "     The 
fact  challenges  denial.     There  the  names  stand,  in 
that  goodly-sized  book,  inscribed  in  free   and  fair 
characters  ;  and,   with  some  few  exceptions,   there 
can  be  no  question,  that  the  act  which  placed  them 
there,  was  as  free,  and  fair.     Among   them  I  find 


MIGHT    AND    RIGHT.  117 

flic  names  of  almost  all  the  surviving  revolutionary 
Veterans  ;  and  am  most  happy  to  see  that  of  the  vene- 
rable Elisha  Olney,  late  of  North  Providence.  He 
was  the  warning  officer  who  first  notified  the  inhabi- 
tants of  his  town  in  the  Revolution.  The  first  vote 
polled  at  Scituate  was  by  Captain  Boss,  a  hero  of 
the  Revolution.  He  declared  himself  ready  to  de- 
fend in  age  the  glorious  principles  for  which  he  con~ 
tended  in  youth.  Taking  the  Declaration  of  Indepen- 
dence for  their  manual,  the  fathers  of  '76  for  their 
exemplars,  the  opinions  of  eminent  living  statesmen 
for  their  authority,  the  Suffrage  Party  had  framed  a 
Bill  of  Rights,  and  a  Constitution  of  Government, 
which,  on  being  submitted  to  the  People,  was  return- 
ed to  them  by  the  largest  majority  that  had  ever 
voted  upon  any  question  in  Rhode  Island  :  and,  in 
consideration  of  these  facts,  they  believed  themselves 
justified  before  God,  and  Man,  in  putting  forth  the 
following  : 

STATE  OF  RHODE  ISLAND  AND   PROVIDENCE 

PLANTATIONS. 

A  PROCLAMATION. 

Whereas,  the  Convention  of  the  PEOPLE  of  this  State,  at 
their  last  session,  in  the  city  of  Providence,  on  the  13th  clay  of 
January,  A.  D.  1842,  passed  the  following  resolutions,  to  wit; 

Whereas,  by  the  return  of  the  votes  upon  the  CONSTITU- 
TION proposed  to  the  citizens  of  this  State,  by  this  Convention 
on  the  18th  day  of  November  last,  it  satisfactorily  appears  that 
the  citizens  of  this  State,  in  their  original  and  sovereign  capacity, 
have  ratified  and  adopted  said  Constitution,  by  a  large  majority  ; 
and  the  will  of  the  PEOPLE,  thus  decisively  made  known,  ought 
to  be  implicitly  obeyed,  and  faithfully  executed  : 

We  do  therefore  Resolve  and  Declare  that  said  Constitu- 
tion rightfully  ought  to  be,  and  is,  the  paramount  law  and  Con- 
stitution of  the  State  of  Rhode  Island  and  Provi- 
dence Plantations 

And  we  do  further  Resolve  and  Declare,  for  ourselves,  and 
in  behalf  of  the  People  whom  we  represent,  that  we  will  estab- 
lish said  Constitution,  and  sustain  and  defend  the 
same,  by  all  necessary  means. 

Resolved,  That  the  officers  of  this  Convention  make  Proclama- 
tion of  the  return  of  the  votes  upon  the  Constitution,  and  that 
the  same  has  been  adopted,  and  has  become  the  Constitution  of 


118  MIGHT  AND  RIGHT. 

this  State ;  and  that  they  cause  said  Proclamation  to  be  published 
in  the  newspapers  of  the  same. 

Now,  Therefore,  in  obedience  to  the  above  vote  of  said  Con- 
vention, we,  the  undersigned,  officers  of  the  same,  do  hereby 
Proclaim,  and  make  known  to  all  the  People  of  this  State,  that 
said  Constitution  of  right  ought  to  be,  and  is,  the  paramount 
law  and  Constitution  of  the  State  of  Rhode  Island  and 
Providence  Plantations. 

And  we  hereby  call  upon  the  citizens  of  the  State,  to  give 
their  aid  and  support  in  carrying  said  Constitution  into  full  ope- 
ration and  effect,  according  to  the  terms  and  pro.vis.ons  thereof. 

Witness  our  hands  at  Providence,  in  said  State,  this  13th  day 
of  January,  A.  D.  184*2. 

JOSEPH  JOSLIN,  President  of  the  Convention, 
WAGER  WEEDEN,      ?       Vice 
SAMUEL  H.  WALES,  $  Presidents. 

Wm.  H.  Smith,      >  Secretaries> 

John  S.  Harris,    $ 

And  here  let  us  inquire  by  what  right  the  above 
acts  were  done,  and  the  above  Proclamation  issued  ? 
This  inquiry,  it  will  be  seen,  involves  several  ques^ 
tions  of  vital  import.  But  before  discussing  them, 
let  us  look  for  a  moment  at  the  position  which  the 
unenfranchised  citizens  of  Rhode  Island  have  occu- 
pied since  the  Revolution.  The  General  Assembly, 
as  we  have  before  seen,  was  both  an  independent 
and  omnipotent  body.  They  could  enact  any  law, 
however  odious,  and  carry  that  law  into  effect. 
There  being  no  constitutional  provisions,  and,  con- 
sequently, no  constitutional  check,  the  people,  espec- 
ially the  unenfranchised  part,  were  without  any 
••  certain  remedy  "for  any  abuse  ;  since  when  there 
was  no  Constitution,  there  was  none  to  violate. 
They  could  not  appeal  to  precedent ;  for  precedent 
would  depose  against  them,  by  showing  various  acts 
of  irresponsible  authority.  Laws  could  not  be  ap- 
pealed to-;  for  as  clay  is  in  the  hands  of  the  potter, 
so  was  Law  in  those  of  the  General  Assembly. 
They  moulded,  created,  and  destroyed  it,  with  no 
check  but  their  own  sovereign  will.  An  appeal  to 
,the  Legislature  would  be  a  solemn  mockery  of  pe- 


MIGHT    AND     RIGHT.  119 

tition  ;  because  that  body  would  never  sit  against 
themselves.  An  appeal  to  any  Court  of  Law  would 
be  equally  ridiculous  —  equally  useless  —  because 
the  Judges  were  the  creatures,  and  the  Courts  the 
tools  of  the  Legislature  —  sharp  instruments,  indeed, 
and  admirably  calculated  for  shaving  others,  but 
never  designed  to  turn  against  themselves.  The 
Courts  sat,  and  acted  only  to  enforce  the  Legislative 
will,  and  unless  some  principle  of  common  law  were 
involved,  or  the  Constitution  of  the  United  States 
weFe  violated,  an  independent  decision  was  never 
secure;  In  the  mean  time  justice  became,  day  by 
day  more  unequally  divided  ;  until  three-fifths  of 
the  citizens  of  the  State  were  reduced  to  a  condition 
of  vassalage. 

Does  any  person  require  evidence  that  such  a  state 
of  things  really  existed  ?  I  give  it,  in  the  words  of 
a  Rhode  Islander.  In  an  Address  by  Wm.  E.  Rich- 
mond, published  in  the  Manufacturers  and  Farmers' 
Journal,  of  which  Mr.  R.  was  editor,  I  find  the  fol- 
lowing passages.  The  Address  was  published 
November  27th,  December  11th,  and  18th,  1820  ; 
and  January  11th,  1821,  and  was  called  forth  by  the 
adoption  of  their  Constitution,  by  the  people  of  Con- 
necticut. 

"  If  an  utter  stranger  to  our  laws/'  says  Mr.  R. 
"  should  consider  the  Charter  in  reference  to  the 
Declaration  of  Independence,  by  which  the  supreme 
and  controlling  power  which  the  English  King  in 
Council,  and  his  Courts  of  Law  exercised  over  the 
proceedings  of  the  General  Assembly  was  abolished, 
and  that  body  left  without  any  superior  or  controling 
power,  to  check  its  attempts  upon  individual  rights, 
or  general  freedom,  he  must  be  astonished,  that  a 
free  people  have,  for  more  than  forty  years,  submit- 
ted to  a  species  of  government,  in  theory,  if  not  in 
practise,  as  despotic  as  that  of  the  Autocrat  of  all 
the  Russias.     That  the  General  Assembly,  which 


120  MIGHT    AND     RIGHT. 

now  pretends  to  a  legitimate  right  to  govern  us, 
exists  and  acts  by  its  own  authority,  alone  —  that 
the  Bill  of  Rights,  which  was  lately  a  theme  of  his 
admiration,  flowed  from  the  mere  good  will  and 
pleasure  of  that  Assembly,  and  may  be  revoked  at 
its  idM  and  pleasure  —  that  the  people  of  this  State 
elect  their  representatives  to  this  Assembly  only  by 
its  permission  —  a  permission  which  it  may  wit  It- 
draw  at  pleasure  —  that  this  Assembly  does  not 
acknowledge  its  dependence  on  the  people,  but,  on 
the  contrary,  considers  itself  as  existing  by  its  own 
mere  will,  without  check,  balance,  or  control,  exercis- 
ing the  whole  government,  Legislative,  Judicial, 
and  Executive.  Any  man  born  in  a  free  country, 
and  educated  with  clear  and  precise  perceptions  of 
the  true  attributes  of  a  representative  and  popular 
government,  will  be  astonished,  that  the  people  of 
this  State,  have  so  long  submitted  to  a  platform  of 
government,  which  is  devoid  of  all  authority  from 
the  people  ;  and  which,  though  it  gives  the  whole 
supreme  power  to  EIGHTY-FOUR  DESPOTS, 
instead  of  one,  is  not  the  less  arbitrary  and  despotic 
on  that  account" 

And,  again  ;  speaking  of  the  Government,  he  says  : 
"  It  ansioers  to  our  ideas  of  a  pure  despotism  ;  because 
the  General  Assembly  engrosses  and  exercises,  in 
person,  or  by  substitution,  all  the  powers  of  sove- 
reignty." 

Now  where,  I  ask,  should  a  people,  subjected  to 
all  these  inconveniences  —  to  say  nothing  of  wrongs 
—  for  wrongs  is  a  harsh  word  to  the  delicate  nerve 
of  modern  ears  ;  where,  and  how,  should  they  find 
a  remedy  ?  There  was  no  legal  mode  of  amend- 
ment pointed  out.  They  were  told  that  the  remedy 
rested  solely  with  the  Legislature  ;  and  to  the  Leg^. 
islature  they  applied  for  redress,  making  this  one 
subject  —  the  right  of  citizenship,  or  suffrage  —  the 
ground  of  petition  for  more  than  forty  years.     But 


MIGHT    AND     RIGHT.  121 

when  did  a  crowned  tyrant,  because  his  subjects 
asked  him  to  do  so  — petitioned  him  to  do  so  —  volun- 
tarily lay  down  his  sceptre,  and  abdicate  his  throne  ? 
That  is  not  an  act  in  human  nature  to  perform ;  and 
it  affects  not  the  question  whether  the  despot  has 
one  head,  or  many  heads  :  only  that  the  hydra 
would  be  the  worse  to  deal  with  of  the  two.  Ac- 
cordingly we  find  the  unenfranchised  men  of  Rhode 
Island  —  many  of  them,  too,  descendants  of  the  hon- 
ored Founders  —  stigmatized  as  aliens,  degraded, 
low,  unworthy  of  notice  ;  and  their  petitions  were 
laid  by  in  silent  contempt,  or  noticed  only  to  be  in- 
sulted. But  rising  gradually  in  spirit  and  intelli- 
gence, ray  by  ray,  the  truth  broke  in  upon  them, 
until  the  whole  soul  became  illumined,  and  the  long- 
heavy  heart  expanded,  with  the  loftiest  thought 
which  any  created  being  can  conceive  —  the  con- 
sciousness of  manhood,  with  all  its  duties,  responsi- 
bilities, and  prerogatives.  They  pondered  these 
things  in  their  own  hearts.  They  communed  with 
each  other.  They  enquired  abroad.  All  evidence, 
but  the  bribed  and  false  evidence  suborned  by  their 
oppressors,  justified  them  :  and  they  determined  to 
be  free.  Is  there  any  freeman  in  this  country  who 
will  condemn  their  resolution  ?  If  there  is,  I  im- 
peach his  freedom.  He  is  either  a  despot  or  a  slave  ; 
for  neither  of  these  can  appreciate  a  free  thought,  or 
generate  a  free  action. 

The  obligation  does  not  rest  merely  upon  the  Suf- 
frage Party,  to  establish  the  validity  of  their  right  of 
rule  ;  but  the  burden,  also,  of  proving  theirs,  rests 
upon  the  Charter  Government.  Bring  forward  the 
scales  of  even-handed  justice,  and  let  us  try  them  in 
the  balance,  with  not  merely  opinions,  but  princi- 
ples, for  weights. 

The  first  settlers  of  Rhode  Island  never  pretended 
to  claim  an  original  and  independent  jurisdiction. 
They,  always,  by  all  their  acts,  recognised  the  power 
11 


122  MIGHT    AND    RIGHT. 

of  the  crown,  and  held  themselves  in  subordination 
to  the  royal  authority.  Even  the  lands  which  they 
purchased  of  the  natives,  were  obtained,  and  held, 
by  virtue  of  the  royal  patent.  Of  course,  then,  the 
government  of  Rhode  Island  was  not  a  pure  demo- 
cracy ;  since  the  sovereignty  was  vested  in  the 
crown.  By  the  Declaration  of  Independence,  the 
royal  authority  was  abrogated.  To  whom,  then, 
did  the  sovereignty  revert  ?  "  To  the  Landholders  — 
the  Freemen:"  say  the  Chartists,  " because  they 
were  created  a  body  corporate  and  politic,  and  were 
destined  to  remain  such  forever."  But  by  what 
right  did  such  corporations  establish  any  exclusive 
privileges?  Had  the  Fathers  of  '76  intended  to  re- 
cognise any  such,  would  they  not  have  given  their 
immortal  declaration  quite  another  form  ?  Should  it 
not  have  been,  all  Landholders,  or  all  Landed  Cor- 
porations are  created  free  and  equal  ?  However  great 
the  absurdity  involved,  truth  would  have  compelled 
them  to  make  some  such  declaration,  so  as  to  sus- 
tain the  trite  doctrines  we  have,  all  along,  (vainly,  it 
seems,)  imagined  they  intended  to  explode.  But 
no ;  they  did  no  such  thing.  They  declared  that 
all  men  were  created  free  and  equal ;  and,  not  only 
so,  but  all  men ;  and  that  principle  is  at  the  bottom 
line  of  everything  that  is  true,  in  the  political,  social, 
or  moral  elements  connected  with  the  being  of  man. 
The  whole  people,  then,  as  successors  of  the  King, 
became  tenants  in  common  of  the  sovereignty. 

"  But  this  is  impossible,"  says  Judge  Durfee  ;  "  be- 
cause, were  it  so,  by  the  act  which  proclaimed  these 
states  sovereign  and  independent,  their  very  exist- 
ence, as  states,  would  have  been  annihilated."  The 
act  of  separation,  again,  says  Mr.  Durfee,  "  was  the 
act  of  the  corporate  people  ;  and  all  that  was  acquir- 
ed by  that  act,  was  acquired  by  the  corporate  people, 
and  could  be  acquired  by  no  other  than  a  corporate 
people.     None  but  a  corporate  people  has  the  capa- 


MIGHT    AND     RIGHT.  123 

pity  to  receive  and  exercise  sovereignty.  The  natural 
people  has  not  the  capacity  to  inherit,  or  succeed  to 
sovereignty."  I  will  not  quote  further,  lest  I  permit 
the  gentleman  to  demolish  his  own  argument  — 
which  he  does,  for  himself,  at  the  very  next  clause 
in  the  sentence.  But  it  suits  my  purpose,  now,  that 
his  argument  should  be  valid  —  or,  I  should  rather 
say,  plausible.  Could  Mr.  Durfee  tell  at  what  pre- 
cise point  of  time  the  transition- was  effected,  and 
what  ceremony  attended  it  ?  Was  it  when  the  De- 
claration was  first  read,  or  afterwards  published,  that 
the  royal  chains  were  dissolved,  and  the  corporation 
became  its  own  master  ?  But  a  corporaUon  is  not  an 
original  being.  It  must  have  a  pre-existing  cause  — 
it  must  have  been  created.  The  idea  of  a  creation, 
pre-supposes  that  of  a  creator ;  and  also  that  the 
thing  created  should  be  subordinate  to  the  creating 
power.  Who,  then,  created  the  corporation  ?  "  Why 
the  freemen"  you  say.  Yery  well.  But  freemen, 
according  to  your  definition,  are  not  original  beings 
—  they,  too,  are  the  subjects  of  causation.  They 
have  been  created.  Who  created  them?  "  They 
were  admitted  free  of  the  company,"  you  say.  Of 
what  company?  "Why,  the  chartered  company  of 
King  Charles."  Here  we  have  it ;  we  have  now 
completed  the  circle.  We  have  got  back  again  to 
Royalty  and  its  exclusive  prerogatives.  We  find  a 
government  framed  in  and  through  a  Landed  Com- 
pany, existing  by  virtue  of  an  authority  which  Rhode 
Island  herself,  through  her  delegates  that  signed  the 
Declaration  of  Independence,  had  declared  "  totally 
dissolved."  But  this  government  still  continued  to  ex- 
ist, to  the  exclusion  of  all  citizens  who  were  not  shel- 
tered under  the  wings  of  the  royal  charter,  and  that 
in  violation  of  the  Declaration  which  Rhode  Island 
through  her  delegates  who  signed  it,  had  pledged 
herself  to  sustain,  in  theory  and  in  fact,  and  to  dis- 
tribute the  prerogatives  it  asserted,  equally  among 


124  MIGHT    AND     RIGHT. 

all  her  children.  The  same  old  government  was  con- 
tinued, without  so  much  as  asking  leave  of  a  large 
portion  of  the  citizens  —  and  still  it  was  continued 
through  a  period  of  more  than  sixty  years,  though 
they  who  suffered  hy  it  ceased  not  to  protest  against 
it  —  ceased  not  to  cry  for  redress  ;  and  they,  too,  had 
grown  to  be  a  very  large  majority  of  the  whole  peo- 
ple. This  government  has  been  called  Republican 
—  nay,  it  has  been  held  up  as  a  model  of  wisdom 
and  equity,  in  structure,  and  in  administration.  It 
has  been  vauntingly  said,  again  and  again,  that  no 
other  state  —  no,  not  in  the  world,  was  so  free  as 
ours.  Let  us  see  how  its  government  will  square 
with  Madison's  definition  of  a  republic. 

'"  It  is  essential  to  such  a  government,"  (that  is 
republican)  "  that  it  be  derived  from  the  great  body 
of  the  society ',  not  from  an  inconsiderable  proportion 
or  favored  class  of  it ;  otherwise,  a  handful  of  tyran- 
nical nobles,  exercising  their  oppressions  by  a  dele- 
gation of  their  power,  might  aspire  to  the  rank  of 
republicans,  and  claim  for  their  government  the  ho- 
norable title  of  republic."  Did  Madison  mean  by 
this,  the  great  body  of  rulers,  merely,  with  their 
constituents,  the  freeholders  ?  No  one  can  even  pre- 
tend to  think  so,  with  any  shadow  of  candor.  Ma- 
dison, then,  would  not  have  called  Rhode  Island  a 
Republic  ;  and,  by  the  same  rule,  would  not  have 
sanctioned  the  conduct  of  her  "nobles." 

But  I  return  to  the  original  point. 

Did  our  Fathers,  then,  when  they  looked  round 
on  that  "  old  Thirteen,"  see  only  Corporations,  land- 
ed, or  otherwise  ?  Did  they  not  rather  see  men  —  liv- 
ing, thinking,  rational  beings,  with  true  souls,  and 
strong  hearts,  and  ready  hands,  and  feet  that  stayed 
not  at  home  when  their  rights  were  invaded  ? 
Through  these,  in  these,  and  these  alone,  they  re- 
cognised the  State — the  new  State,  which  was  to 
be  governed  by  the  law,  and  the  constitution-para- 


MIGHT  AND  RIGHT.  125 

mount,  which  is  written  where  no  despot  can  erase 
it  —  deep  in  the  nature  of  man  ?  If  it  were  not  so, 
then  were  their  Acts,  and  their  Declarations,  a  great 
bundle  of  absurdities  —  and,  worse,  an  unjust  resist- 
ance to  just  power,  and  a  wanton  waste  of  human  life. 

In  summing  up  his  paragraph  on  the  corporations, 
Mr.  Durfee  asks,  "  What  became  of  the  Confedera- 
tion ?  What  became  of  the  Congress  that  made  the 
declaration  ?"  I  answer,  neither  the  Confederation, 
nor  the  Congress,  was  created  by  virtue  of  any  royal 
authority,  but  by  virtue  of  the  principle  they  had 
made  the  basis  of  their  new  system  —  the  Right  of 
man  to  participate  in  the  government  of  the  com- 
munity to  which  he  belongs. 

Here  let  me  call  the  attention  of  Mr.  Durfee  and 
his  associates  to  one  fact,  of  which  they  do  not 
seem  to  be  aware.  The  Confederation  was  quietly 
set  aside  by  the  People,  through  their  delegates  in 
Congress,  and  was  succeeded  by  the  Constitution ; 
and  the  first  quiet,  bloodless  revolution,  of  which  the 
history  of  the  world  bears  record,  was  affected. 
There  stands  the  triumphat  principle,  which  the 
revolution  established,  confirmed  by  the  seal  of  the 
first  Congress,  who,  by  their  successful  experiment, 
practically  reaffirmed  the  truth,  that  "  it  is  the  right 
of  the  people  to  alter,  or  abolish/'  their  constitutions 
of  government ;  and  showing,  by  their  own  act,  that 
such  change  might  be  effected  peacefully.  There 
stands  our  first  great  precedent,  as  it  shone  forth, 
living,  from  the  hands  of  the  sages  of  '76 !  There  it 
shall  stand  forever,  as  an  example  to  all  future  ages, 
showing  that  the  great  principle  for  which  we  con- 
tend, is  no  more  sublime  in  theory,  than  safe  and 
true  in  practice. 

Who,  then,  I  ask  once  more,  were  the  recipients 
of  the  sovereignty?  "  The  corporation,"  still  per- 
sists Mr.  Durfee,  "  because  the  sovereign  will,  being 
a  unit,  could  not  be  divided  among  thousands  of  in- 
11* 


126  MIGHT    AND     RIGHT. 

depent  individuals,  without  being  destroyed."  How 
Mr.  Durfee  fixed  upon  the  locality,  wherein  to  de- 
posit his  "  unity1  I  cannot  for  my  life  see.  Would 
not  each  individual  of  the  Freemen  who  made  the 
component  parts  of  the  body  politic,  claim  to  be,  in 
his  own  person,  a  representation  of  his  full  portion 
of  that  sovereignty,  or  in  other  words,  claim  his 
proper  dividend  of  the  "unit?"  I  believe  no  one 
can  deny  this.  Then  is  not  the  " unit'1  divided? 
And  what  becomes  of  the  argument  ?  That,  too,  it 
may  be,  is  divided  —  and  so  minutely,  that  it  abso- 
lutely comes  to  nothing. 

But  where,  then,  is  the  sovereignty  vested  ?  "In 
the  government  and  people  cotemporaneously,"  says 
Mr.  Jackson.*  "  In  the  political  people,"  says  Mr. 
Randolph.*  "  In  the  people,"  says  Mr.  Hazard.* 
Truly.  But  I  am  forced  to  ask  a  strange  question 
for  a  native  of  this  free  state.  Who  are  the  people  ? 
"  The  Freemen,"  confidently  answers  Mr.  Hazard  ; 
and  all  the  different  members  of  the  Oligarchy  echo 
the  assertion,  with  all  their  appendages,  by  which  I 
mean  the  various  chattels  in  human  shape,  which 
they  have  purchased  by  proscription,  bribery,  patron- 
age, and  otherwise. 

Let  us  try  the  assertions  of  these  gentlemen  by 
those  of  some  others,  who  are,  I  think,  quite  as 
wise  —  quite  as  great  —  and,  what  is  better,  quite 
as  honest.  I  will  begin  with  those  of  Rhode  Island 
herself,  that  out  of  her  own  mouth  her  degenerate 
sons  may  receive  their  condemnation. 

When  the  Delegates  of  the  People  of  Rhode  Isl- 
and met  in  Convention,  for  the  purpose  of  ratifying 
the  Constitution  of  the  United  States,  on  the  29th 
day  of  May,  1790,  they  issued  a  declaration,  which 
was  a  recapitulation  of  the  great  work  of  Jefferson, 
and  hardly  inferior  to  it.     The  principles  of  this  do- 

*  Members  of  the  General  Assembly. 


MIGHT    AND     RIGHT.  127 

cument  were  so  directly  opposed  to  those  of  the 
Government,  that  it  became  a  matter  of  grave  policy 
to  keep  it  nicely  laid  away  ;  and,  probably,  very  few 
men  in  the  State  knew  of  its  existence,  until  it  was 
drawn  forth  from  among  its  mouldering  companions, 
by  Judge  Staples,  on  the  occasion  of  the  last  semi- 
centennial celebration  of  the  ratification  of  the  Con- 
stitution. And  a  very  injudicious  act  was  that. 
Here  I  find  "  That  all  power  is  naturally  vested  in, 
and,  consequently,  derived  from  the  people ;  (not 
Landholders)  that  magistrates,  therefore,  are  their 
trustees  and  agents,  and  at  all  times  amenable  to 
thern^ 

William  E.  Richmond,  whom  I  have  taken  occa- 
sion to  quote  before,  said,  "  The  People  of  every 
political  community  are,  under  God,  the  only  legiti- 
mate source  of  political  power.  To  them,  and  to 
them  only,  belongs  the  right  of  establishing  govern- 
ments." 

Wilson,  Chief  Justice  of  the  Supreme  Court  of  the 
United  States,  speaks  directly  and  explicitly  to  the 
point  in  question.  He  was  a  signer  of  the  Declara- 
tion of  Independence  ;  was  a  member  of  the  Con- 
vention which  formed  the  Constitution  of  the  United 
States,  and  of  the  Pennsylvania  State  Convention 
which  adopted  it ;  a  Judge  of  the  Supreme  Court  of 
the  United  States  ;  a  professor  and  learned  expounder 
of  the  Law,  and  reviser  of  the  Laws  of  Pennsyl- 
vania. 

"  Perhaps  some  politician  who  has  not  considered 
with  sufficient  accuracy  our  political  systems,  would 
answer ;  but  in  our  government  the  supreme  power 
is  vested  in  the  Constitutions.  This  opinion  ap- 
proaches a  step  nearer  the  truth,"  (than  the  position 
that  it  resides  in  the  Legislature)  "  but  does  not  reach 
it.  The  truth  is,  that  in  our  governments  the  su- 
preme, absolute,  and  uncontrolable  power  remains  in 
the  people.     As  our  constitutions  are  superior  to 


128  MTCHT    AND    RIGHT. 

our  legislatures,  so  the  people  are  superior  to  our 
constitutions.  Indeed,  the  superiority  in  this  last 
instance  is  much  greater,  for  the  people  possess  over 
our  constitutions  control  in  act,  as  well  as  in  right." 

Again  he  says,  vol.  1.  p.  25,  "  The  dread  and  re- 
doubtable sovereign  when  traced  to  his  ultimate 
source,  has  been  found,  as  he  ought  to  have  been 
found,  in  the  free  and  independe?it  man.  This  truth, 
so  simple  and  natural,  and  yet  so  neglected,  may  be 
appreciated  as  the  first  and  fundamental  principle  in 
the  science  of  government." 

Locke  says  :  "1  affirm  that  the  liberty  for  which 
we  contend,  is  granted  by  God  to  every  man,  in  his 
own  person,  in  such  a  manner  as  may  be  useful  to 
him,  and  his  posterity."     Vol.  1,  p.  403. 

Vattel'  says:  "This  (the  sovereign)  authority 
essentially  belongs  to  the  body- of  the  society." 

[Law  of  Nations,  p.  48. 

The  Declaration  of  Independence  says  :  "  That  all 
power  is  naturally  vested  in,  and  consequently  de- 
rived from  the  people  :  "  and  Judge  Story,  in  his 
Commentaries,  says :  "  The  Declaration  puts  the 
doctrine  on  the  true  ground  —  that  governments  de- 
rive their  powers  from  the  consent  of  the  governed." 

Montesquieu  speaks  of  "  The  People  in  whom  the 
supreme  power  resides."  Spirit  of  Laws,  Book  2, 
cap.  2. 

Jay,  Chief  Justice  of  the  Supreme  Court  of  the 
United  States,  says  :  "At  the  Revolution  the  sove- 
reignty devolved  on  the  People  ;  and  they  are  truly 
the  sovereigns  of  the  country  ;  but  they  are  sove- 
reigns without  subjects,  (unless  the  African  slaves 
among  us  may  be  so  called,)  and  have  none  to  gov- 
ern but  themselves :  the  citizens  of  America  are 
equal  as  fellow  citizens,  and  as  joint  tenants  in  the 
sovereignty.''* 

[2.  Dalls's  Reports,  409. 

Marshall,  Chief  Justice  of  the  Supreme  Court  of 


MIGHT    AND     RIGHT.  129 

the  United  States,  says  :  "  It  has  been  said  that  the 
people  had  already  surrendered  all  their  powers  to 
the  State  sovereignties,  and  had  nothing  more  to 
give.  But  surely  the  question  whether  they  may 
resume  or  modify  the  powers  granted  to  government, 
does  not  remain  to  be  settled  by  this  country" 

[4.  Wheaton's  Reports,  405. 

Judge  Wilson  says  again  :  "  Permit  me  to  mention 
one  great  principle,  the  vital  principle  I  may  well  call 
it,  which  diffuses  animation  and  vigor  through  all  the 
others.  The  principle  I  mean  is  this,  that  the 
supreme  or  sovereign  power  resides  in  the  citizens  at 
large ;  and  that,  therefore,  they  always  retain  the 
right  of  abolishing,  altering,  or  amending  their  con- 
stitution at  whatever  time  and  in  whatever  manner, 
they  shall  deem  expedient."  Lectures  on  Law,  vol, 
1,  p.  17. 

I  might  multiply  authorities,  but  I  forbear  ;  for 
have  I  not  traced  this  poor  hunted  sovereignty  to  its 
ultimate  retreat  —  its  primal  investment,  in  man  ? 
Is  not  the  reserved  power  —  the  "-power  behind  the 
throne,  greater  than  the  throne  itself,"  most  properly 
—  nay,  unquestionably  bestowed  here  ?  Methinks.  I 
hear  dissenting  voices,  saying  "  These  authorities  all 
go  for  nothing  ;  because  by  the  word  people  not  the 
whole  people  is  meant,  but  only  the  freemen.  But 
let  me  ask  what  do  the  terms  "  every  man"  "  body 
of  the  society ,"  "  citizens  at  large"  mean  ?  A  par- 
ticular portion  ;  or  the  whole  ? 

By  placing  the  power  of  sovereignty  in  the 
corporation,  or  the  laws,  you  are  involved  in 
an  absurdity  —  you  make  the  creature  paramount 
to  the  creator.  It  is  a  heathenish  doctrine,  that 
man  must  bow  down  and  worship  the  work  of 
his  own  hands.  If  you  place  it  in  property, 
you  might,  by  the  same  rule,  admit  some  of  the  in- 
ferior  animals  to  this   distinguished   honor.      Th^ 


130  MIGHT    AND     RIGHT. 

Chimpanze*  chooses  his  lot,  and  builds  himself  a 
house.  He  is  a  "  landholder  ;  "  and  all  of  us  are 
well  acquainted  with  the  Beaver,  as  an  owner  of 
u  Water  Privileges : "  and  if  sovereignty  is  vested 
in  any  thing  foreign  to  the  man  himself,  why  may 
not  these  be  freemen,  and  suitable  members  of  the 
body-corporate  ?  But  I  weary  with  reasoning  with 
those,  who,  if  we  may  judge  by  their  logic,  are 
cousins  of  no  distant  removal  from  the  Chimpanze 
himself;  and,  with  the  intimation  that  if  they  have 
four  hands  apiece,  they  will  find  work  sufficient  for 
them  all  to  do,  before  they  prove  that  Man,  and  not 
God,  is  the  creator  of  people,  I  dismiss  this  para- 
graph. 

To  whom  then  did  the  residuary  power,  the  ulti- 
mate sovereignty,  revert  at  the  revolution  ?  To  the 
People  I  answer.  Unquestionably,  to  the  whole 
People.  If  the  power  passed  to  the  few  there  must 
have  been  some  expressed  act  of  surrender,  by  which 
the  remaining  portion  bestowed  their  proper  sove- 
reignty on  the  majority.  No  such  act  can  be  shewn. 
And  if  there  were  any,  it  would  be  invalid.  An  in- 
herent and  original  rightcannot  be  invalidated,  even 
by  a  voluntary  act.  A  man,  for  instance,  cannot 
divest  himself  of  the  right  to  be  happy  \  because 
that  right  is  conjoined  with  his  nature,  his  very 
being.  He  may,  indeed,  by  violating  the  laws  of 
his  nature,  deprive  himself  of  the  power  of  being 
happy ;  but  never  of  the  right  to  be  so.  The  Decla- 
ration of  Independence  says  "  That,  there  are  certain 
natural  rights,  of  which  men,  when  they  form  a 
social  compact,  cannot  deprive  or  divest  their  pos- 
terity ;  among  which  are  the  enjoyment  of  life  and 
liberty,  with  the  means  of  acquiring,  possessing,  and 

*  The  species  of  Quadrumana  which  approaches  most  nearly 
to  man. 


MIGHT    AND     RIGHT.  131 

protecting  property,  and  pursuing  and  obtaining  hap- 
piness and  safety."  So  that  if  by  any  possibility 
our  Fathers  could  have  divested  themselves  of  the 
rights  of  citizenship,  it  is  very  plain  that  they  could 
not  have  divested  us  of  it. 

The  question  of  the  People's  sovereignty  being 
established,  by  what  mode,  or  through  what  chan- 
nel, were  they  to  obtain  a  Bill  of  Rights,  by  which 
their  liberties  would  be  secured  ?  Mr.  Goddard 
says  :  "  We  have  moreover  maintained  that  where  a 
Constitution  provides  no  mode  of  amending  itself, 
the  people  must  effect  the  desired  reform  through 
the  agency  of  the  Legislature,  the  representatives 
and  agents  of  the  people.  No  other  mode  of  chang- 
ing constitutions  of  government  can  we  admit  to  be 
"  an  explicit  act  of  the  whole  people.'  "  And  this  is 
the  sentiment  of  the  Oligarchy.  Now  what  if  three- 
fifths  of  the  people  have  nono  of  these  agents,  or 
representatives  ;  and  what  if  other  people's  agents 
will  not  interest  themselves  in  their  business  ;  though 
they  have  patiently  waited,  hardly  ceasing  to  petit- 
ion for  more  than  fifty  years  ?  What  must  the  peo- 
ple do  then  ?  Must  they  settle  down  into  the  abject 
condition  of  slaves,  to  be  only  the  more  wretched 
for  having  souls  ?  And  the  General  Assembly,  with 
a  nod  of  amiable  condescension,  strokes  its  whiskers 
very  complacently  ;  and,  with  a  smile  of  perfect 
security,  assents  to  the  proposition.  The  idea  of 
slaves,  and  slavery,  has  always  been  to  it  an  exceed- 
ingly composing  and  agreeable  thought.  It  has 
helped  it  to  digest  many  a  good  dinner,  eaten  at  the 
State's  expense. 

The  men  of  Rhode  Island  began  to  think  other- 
wise ;  and,  in  process  of  time,  they  began  to  act 
otherwise.  In  short  they  took  steps  to  right  them- 
selves, as  we  have  already  recited,  seeing  there  was 
none  other  to  right  them.  And,  thereupon,  their 
master  put  on  an  air  of  offended  dignity,  swelled  to 


132  MIGHT     AND    RIGHT. 

the  full  dimensions  of  its  biggest  garment,  while  its 
awful  brow  wore  a  terrible  frown.  But  the  men  of 
Rhode  Island,  nothing  daunted,  went  on  with  their 
work  ;  and  let  us  see  what  authorities  we  can  find 
to  justify  them. 

Montesquieu  says  :  "  The  people  are  extremely  well 
qualified  for  choosing  those  whom  they  are  to  en- 
trust with  a  part  of  their  authority.  They  have  only 
to  be  determined  by  things  which  they  cannot  be 
strangers  to,  and  by  facts  that  are  obvious  to  sense." 
Spirit  of  Laws,  Book  2,  cap.  2. 

Vattel  says  :  "  If  a  nation  is  dissatisfied  with  the 
public  administration  it  may  reduce  it  to  order,  and 
reform  the  government.  In  virtue  of  the  same  prin- 
ciples it  is  certain  that  if  the  nation  is  uneasy  under 
its  constitution,  it  has  a  right  to  change  it.  The 
opinion  of  the  majority  7tiust  pass  without  dispute, 
for  that  of  the  whole  nation  ;  otherwise  it  would  be 
impossible  for  the  society  ever  to  take  any  resolu- 
tion." 

[Law  of  Nature,  p.  67. 

Algernon  Sydney  says  :  "  Filmer  doubts  who 
shall  judge  of  the  lawful  cause  of  changing  the  gov- 
ernment, and  says  '  it  is  a  pestilent  conclusion  to 
place  that  power  in  the  multitude.'  " 

"  But  why  should  this  be  esteemed  pestilent,  and 
to  whom  ?  If  the  allowance  of  such  a  power  in  the 
senate  was  pestilent  to  Nero,  it  was  beneficial  to 
mankind  ;  and  the  denial  of  it,  which  would  give 
Nero  an  opportunity  of  continuing  in  his  villainies, 
would  have  been  pestilent  to  the  best  men  whom  he 
endeavored  to  destroy  ;  and  to  all  others  who  re- 
ceived benefit  from  them. 

"  But  this  question  depends  upon  another  ;  for  if 
governments  are  instituted  for  the  pleasure,  great- 
ness, or  profit  of  one  man,  he  must  not  be  interrupt- 
ed ;  for  the  opposing  of  his  will  is  to  overthrow  the 
institution. 


MIGHT    AND     RIGHT.  133 

"  On  the  other  side,  if  the  good  of  the  governed 
be  sought,  care  must  be  taken  that  the  end  be  accom- 
plished, though  it  be  with  the  prejudice  of  the  gov- 
ernor. If  the  power  be  originally  in  the  multitude, 
and  one  or  more  men,  to  whom  the  exercise  of  it, 
or  a  part  of  it,  was  committed,  had  no  more  than 
their  brethren,  till  it  was  conferred  on  him,  or  them, 
it  cannot  be  believed  that  rational  creatures  would 
advance  one  or  a  few  of  their  equals  above  them- 
selves, unless  in  consideration  of  their  own  good ; 
and  I  find  no  inconvenience  in  leaving  to  them  a 
right  of  judging  whether  this  be  duly  performed, 
or  not. 

"  We  say,  in  general,  l  He  that  institutes  may 
also  abrogate  ;'  most  especially  when  the  institution 
is  not  only  by,  but  for  himself.  If  the  multitude, 
therefore,  do  institute,  the  multitude  may  abrogate  ; 
and  they  themselves,  or  those  who  succeed  them  in 
the  same  right,  can  only  be  fit  judges  of  the  per- 
formance of  the  ends  of  the  institution." 

"  Our  author  (Filmer)  may  perhaps  say  ;  the  pub- 
lic peace  may  be  hereby  disturbed  ;  but  he  ought  to 
know  there  can  be  no  peace  where  there  is  no  justice, 
nor  any  justice  if  the  government  instituted  for  the 
good  of  a  nation,  be  turned  to  its  ruin.     But  in  plain 
English,  the  inconveniences  with  which  such  as  he 
endeavor  to  affright  us,  is  no  more  than  that  he,  or 
they,  to  whom  the  power  is  given,  may  be  restrain- 
ed, or  chastised,  if  they  betray  their  trust ;  which  I 
presume   will    displease    none,  but    such    as  would 
rather  subject  Rome,  with  the  best  part  of  the  world 
depending  upon  it,  to  the  will  of  Caligula,  or  Nero, 
than  Caligula  or  Nero  to  the  judgment  of  the  senate 
and  people  ;  that  is  rather  to  expose  many  great  and 
brave  nations  to  be  destroyed  by  the  rage  of  a  sav- 
age beast,  than  to  subject  that  beast  to  the  judgment 
of  all,  or  the  choicest  men  of  them  ;  who  can  have 
no  interest  to  pervert  them,  nor  other  reason  to  be 
12 


134  MIGHT    AND    RIGHT. 

severe  to  him,  than  to  prevent  the  mischiefs  he  would 
commit  ;  and  to  save  the  people  from  ruin." — [Vol. 
1,  p.  279. 

And  it  is  because  the  Suffrage  Movement,  and 
the  principles  which  it  elicited,  was  pestilent  to 
"  Nero,"  and  the  partisan  favorites  of  Nero,  with 
all  their  appurtenances  small  and  large,  that  it  has 
been  so  cried  out  against  —  so  traduced  — so  opposed. 

And  again  Sydney  says  :  "  Governments,  and  the 
magistrates  that  execute  them,  are  created  by  man. 
They  who  give  a  being  to  them  cannot  but  have 
the  right  of  regulating,  limiting,  and  directing  them 
as  best  pleaseth  themselves." — [Vol.  1,  p.  296. 

And  again  :  "  The  law  of  the  instituted  power  is  to 
accomplish  the  end  of  its  institution,  as  creatures 
are  to  do  the  will  of  their  Creator  ;  and  in  deflecting 
from  it  overthrow  their  own  being.  Magistrates  are 
distinguished  from  other  men  by  the  power  with 
which  the  law  invests  them,  for  the  public  good  : 
he  that  cannot,  or  will  not,  procure  that  good,  de- 
stroys   HIS    OWN  BEING." 

By  this  rule  our  Charter  magistrates  were  long 
since  dead  —  struck  to  the  heart  by  the  recoiling 
weapon  with  which  they  would  have  transpierced 
the  liberties  of  the  people  —  destroyed  by  their  own 
suicidal  hands  :  and  we  had  only  to  give  them  de- 
cent rites  of  sepulture,  leaving  their  own  public 
deeds  to  be  their  fitting  monuments. 

Lord  Russell  who  was  one  of  the  Council  of  Six* 
which  was  formed  to  check  the  despotic  proceedings 
of  Charles  and  his  brother,  and  was  the  fellow-mar- 
tyr of  Sydney,  in  his  writings  and  conversation  ex- 
pressed the  same  sentiments.  When  the  Doctors 
Burnet  and  Tillotson  with  the  hope  of  saving  his 

*  The  remaining  five  were  the  Duke  of  Monmouth,  Algernon 
Sydney,  Lords  Essex  and  Howard,  and  John  Hampden. 


MIGHT    AND     RIGHT.  135 

life,  attempted  to  persuade  him  to  acknowledge  to 
the  king  that  subjects  had  in  no  case  whatever  a 
right  to  resist  the  throne,  Russell  replied :  "  Upon 
that  hypothesis  I  see  no  difference  between  this 
government  and  the  Turkish.  I  can  have  no  con- 
ception of  a  limited  monarchy  which  has  not  a  right 
to  defend  its  own  limitations  ;  and  my  conscience 
will  not  permit  me  to  say  otherwise  to  the  king." 
And  the  noble  martyr  gave  the  highest  evidence  of 
sincerity  that  man  could  give.  He  literally  sealed 
this  great  principle  with  his  blood.  It  follows,  then, 
by  the  authority  of  Russell,  that,  since  we  may  de- 
fine no  limitations  of  the  power  of  our  hydra-despot, 
the  General  Assembly,  our  government  is  no  freer 
than  that  of  the  Turks. 

Sovereignty,  we  have  seen,  by  all  evidence,  self- 
associate,  and  suborned,  must  exist  in  the  man  ;  and 
can  exist  in  no  other-where.  And,  now  that  we 
have  a  platform  whereon  to  establish  it,  the  Right 
of  Change  will  be  a  structure  not  difficult  to  rear. 
Let  us  search  Authorities  for  evidence  on  this  point, 
also. 

Locke  says  :  *  The  legislature,  being  only  a  fidu- 
ciary power,  to  act  for  certain  ends,  there  remains 
still  in  the  people  a  supreme  power  to  renew  or  alter 
the  legislative  when  they  find  the  legislature  act 
contrary  to  the  trust  reposed  in  them. 

"  If  they  (the  people)  have  set  limits  to  the  dura- 
tion of  their  legislature,  and  made  this  supreme 
power  in  any  person  or  assembly  only  temporary  : 
or,  else,  when,  by  the  miscarriages  of  those  in  autho- 
rity, it  is  forfeited  ;  upon  its  forfeiture,  or  at  the  de- 
termination of  the  time  set,  it  reverts  to  the  society  ; 
and  the  people  have  a  right  to  act,  as  supreme,  and 
continue  the  legislative  in  themselves,  or  erect  a  new 
form  ;  or,  under  the  old  form,  place  it  in  new  hands 
—  as  they  think  good." — [C.  13,  S.  149. 


136  MIGHT    AND    RIGHT. 

Undoubtedly  Locke  used  the  word  "  people  "  in 
the  good  old  sense,  and  intended  it  should  represent 
every  person  in  the  State,  who,  by  his  age  and 
ability  to  judge  in  such  matters,  would  have  been  a 
party  to  the  social  compact,  if  it  had  been  formed 
anew  at  the  time. 

Robert  Hall  says  :  "  As  no  man  can  have  any 
natural  or  inherent  right  to  rule  any  man  more  than 
another,  it  necessarily  follows,  that  a  claim  to  domin- 
ion, wherever  it  is  lodged,  must  be  ultimately  re- 
ferred back  to  the  explicit,  or  implied  consent  of  the 
people.  Whatever  source  of  civil  authority  is  assign- 
ed different  from  this,  will  be  found  to  resolve  itself 
into  mere  force.  But  as  the  natural  equality  of  one 
generation,  is  the  same  with  that  of  another  ;  the 
people  have  always  the  same  right  to  new-model 
their  government,  and  set  aside  their  rulers.  This 
right,  like  every  other,  may  be  exerted  capriciously 
and  absurdly  ;  but  no  human  power  can  have  any 
pretensions  to  intercept  its  exercise.  For  civil  rulers 
cannot  be  considered  as  having  any  claims  that  are 
coextended  with  those  of  the  people,  nor  as  forming 
a  party  separate  from  the  nation.  They  are  appoint- 
ed by  the  community  to  execute  its  will,  not  to  oppose 
it  ;  they  cannot  bind  the  society  itself,  or  prevent  it, 
when  it  shall  think  proper,  from  forming  an  entire 
new  arrangement  ;-—a  right  that  no  compact  can 
alienate,  or  diminish,  and  which  has  been  exerted 
as  often  as  a  free  government  has  been  formed. 

"  With  the  enemies  of  freedom  it  is  a  usual  arti- 
fice, to  represent  the  sovereignty  of  the  people  as  a 
license  to  anarchy  and  disorder.  But  the  tracing  up 
civil  power  to  that  source,  will  not  diminish  our  ob- 
ligations to  obey ;  it  only  explains  its  reasons,  and 
settles  it  on  clear,  determined  principles.  It  turns 
blind  submission  into  rational  obedience,  tempers  the 
passion  for  liberty  with  the  love  of  order,  and  places 
mankind  in  a  happy  medium,  between  the  extremes 


MIGHT    AND     RIGHT.  137 

of  anarchy  on  the  one  side,  and  oppression  on  the 
other.  It  is  the  polar  star  that  will  conduct  us  safe 
over  the  ocean  of  political  debate,  and  speculation  — 
the  law  of  laws  —  the  legislator  of  legislators. — An 
Apology  for  the  Freedom  of  the  Press,  S.  4. 

If  Milton  had  been  a  Rhode  Islander,  living  under 
the  Charter  Dynasty,  he  could  not  have  spoken  more 
to  our  purpose  than  in  the  following  passage.  "  And 
surely,  they  that  shall  boast,  as  we  do,  to  be  a  free 
nation,  and  not  to  have,  themselves,  the  power  to 
remove  or  abolish  any  governor,  either  supreme  or 
subordinate,  with  the  government  itself,  upon  urgent 
causes,  may  please  their  fancy  with  a  ridiculous  and 
painted  freedom,  fit  only  to  cozzen  babies,  but  are, 
indeed,  under  tyranny  and  servitude  j  as  wanting  the 
power  which  is  the  root  and  source  of  all  liberty  — 
to  dispose  and  economise  in  the  land  which  God  hath 
given  them,  as  masters  of  family,  and  of  their  own 
house  and  free  inheritance,  without  which  natural 
and  essential  power  of  a  free  nation,  though  bearing 
high  their  heads  they  can,  in  due  esteem,  be  thought 
no  better  than  slaves  and  vassals,  born  in  the  tenure 
and  occupation  of  another  inheriting  lord,  whose 
government,  though  not  illegal  or  intolerable,  hangs 
over  them  like  a  lordly  scourge,  not  as  a  free  gov- 
ernment, and  therefore  to  be  abrogated." 

And  again  he  says ;  "It  follows,  lastly,  since  the 
king  or  magistrate  holds  his  authority  of  the  people, 
both  originally  and  naturally  for  their  good,  in  the 
first  place,  and  not  his  own,  then  may  the  people,  as 
often  as  they  shall  judge  it  for  the  best,  either  choose 
him,  or  reject  him,  retain  him,  or  depose  him,  though 
no  tyrant,  merely  by  the  liberty  and  right  of  free- 
born  men  to  be  governed  as  seems  to  please  them 
best." — Milton's  Prose  Works,  vol.  2,  p.  171. 

Here,  then,  the  right  of  abrogation  is  made  the 
rery  testing  principle  by  which  liberty  is  tried.    Nor 
are  we  "  babies,"  that  we  should  be  longer  cozzen- 
12* 


138  MIGHT    AND     RIGHT. 

ed  with  this  "  painted  freedom  ;"  but  we  will  prove 
ourselves  men,  capable  of  resuming  and  securing  our 
natural  and  "free  inheritance.'' 

Washington,  in  his  Farewell  Address,  says,  "  The 
basis  of  our  political  systems  is  the  right  of  the  peo- 
ple to  make  and  alter  their  constitutions  of  govern- 
ment." Did  Washington  mean  such  people  as  are 
made  at  our  Town-Meeting-Manufactories  of  men  ? 
Did  he  not  rather  mean  such  as  God  has  made,  and 
invested  with  dominion  over  all  the  earth  ? 

Jefferson  says ;  "  It  is  not  only  the  right,  but  the 
duty,  of  those  now  on  the  stage  of  action,  to  change  the 
laws  and  institutions  of  government,  to  keep  pace  with 
the  progress  of  knowledge,  the  light  of  science,  and 
the  amelioration  of  the  condition  of  society.  Nothing 
is  to  be  considered  unchangeable,  but  the  inherent 
and  inalienable  rights  of  man," 

Harrison  says,  "  The  broad  foundation  upon  which 
our  constitution  rests,  is  the  people.  A  breath  of 
theirs  has  made,  as  a  breath  can  unmake,  change  and 
modify  it." — Inaugural  Address. 

Rhode  Island  herself,  by  her  Convention  of  1790, 
said,  "  that  the  powers  of  government  may  be  re- 
assumed  by  the  people,  whenever  it  shall  become 
necessary  to  their  happiness."  The  people,  then, 
are  to  be  the  judge  ;  for  none  will  be  so  stnpid  as  to 
believe  that  it  was  to  be  left  to  the  magistrates  to 
decide,  whether  a  change  would  be  necessary  to  the 
people's  happiness. 

Madison,  in  advocating  the  adoption  of  the  Con- 
stitution of  the  United  States,  says,  "  The  first  ques- 
tion that  offers  itself  is,  whether  the  general  form 
and  aspect  of  the  government  be  strictly  republi- 
can ?  It  is  evident  that  no  other  form  would  be 
reconcilable  with  the  genius  of  the  people  of  Amer- 
ica, with  the  fundamental  principles  of  the  revolu- 
tion, or  with  that  honorable  determination  which 
animates  every  votary  of  freedom,  to  rest  all  our  po- 


MIGHT    AND    RIGHT.  139 

litical  experiments  on  the  capacity  of  mankind  for 
self-government." — Federalist,  No.  39,  p.  203. 

Hamilton  says,  "  The  fabric  of  American  empire 
ought  to  rest  on  the  solid  basis  of  the  consent  of  the 
people.  The  streams  of  national  power  ought  to 
flow  immediately  from  that  pure  original  fountain  of 
all  legitimate  authority." — Federalist,  No.  22,  p. 
119. 

Judge  Wilson  says ;  "  The  consequence  of  the 
sovereignty  being  vested  in  themselves,  is  that  the 
people  may  change  their  constitutions,  whenever  and 
however  they  please.  This  is  a  right  of  which  no 
positive  institution  can  deprive  them." 

Again  the  same  Judge  says ;  "  Of  the  right  of  a 
majority  of  the  whole  people  to  change  their  govern- 
ment at  will,  there  can  be  no  doubt. — 1  Wilson,  418. 
1  Tucker1  s  Black.  Comm.  165,  cited  324  p.  vol.  1, 
Story's  Comm. 

Again  he  says ;  "  As  to  the  people,  however,  in 
whonf  the  sovereign  power  resides,  the  case  is  widely 
different,  and  stands  upon  widely  different  principles. 
From  their  authority  the  Constitution  originates  ;  for 
their  safety  and  felicity  it  is  established.  In  their 
hands,  it  is  as  clay  in  those  of  the  potter.  They 
have  a  right  to  mould,  preserve,  improve,  refine  and 
finish  it  as  they  please. — Works,  vol.  1,  p.  418. 

The  learned  Judge  then  proceeds  to  overturn  the 
modern  theory  of  Rhode  Island,  that  the  doctrine  of 
man's  inherent  rights  is  an  "  abstraction1  by  saying  : 
"  These  important  truths,  sir,  are  far  from  being 
merely  speculative  ;  we,  at  this  moment,  speak,  and 
deliberate,  under  their  immediate  and  benign  influ- 
ence. To  the  operation  of  these  truths,  we  are  to 
ascribe  the  scene,  hitherto  unparalleled,  which  Ame- 
rica now  exhibits  to  the  world  ;  a  gentle,  a  peaceful, 
a  voluntary  and  a  deliberate  transfer  from  one  con- 
stitution of  government  to  another,  (from  the  Con- 
federation to  the  Constitution  of  the  United  States.) 


140  MIGHT    AND    RIGHT. 

Ill  other  parts  of  the  world  the  idea  of  revolution  in 
government,  by  a  mournful  and  indissoluble  associa- 
tion, is  connected  with  the  idea  of  wars,  and  all  the 
calamities  attendant  on  war." 

It  seems,  then,  that  Revolution  may  be  peaceful. 
And  why  was  it,  but  because  Rhode  Island  refused 
to  acknowledge  the  principles  of  American  govern- 
ment, that  the  proposed  change  in  her  institutions 
could  not  be  effected  peacefully,  as  was  the  intention 
of  its  movers  ?  Rhode  Island  had,  in  truth,  ceased 
to  be  a  Republic  ;  or  this  vital  principle  of  Repub- 
lics must  have  been  considered  paramount.  But  to 
proceed  with  the  authority  of  Wilson.  He  goes  on 
to  say,  in  the  same  connection ;  "  But  happy  expe- 
rience teaches  us  to  view  such  revolutions  in  a  very 
different  light  —  to  consider  them  as  progressive 
steps  in  improving  the  knowledge  of  government, 
and  increasing  the  happiness  of  society  and  man- 
kind."— Works,  vol.  3,  p.  293.  # 

And  again  :  "  Oft  have  I  viewed  with  silent  plea- 
sure and  admiration,  the  force  and  prevalence  through 
the  United  States  of  this  principle,  that  the  supreme 
power  resides  in  the  people,  and  that  they  never  part 
with  it.  It  may  be  called  the  panacea  in  politics.  If 
the  error  be  in  the  Legislature,  it  may  be  corrected 
by  the  Constitution ;  if  in  the  Constitution,  it  may 
be  corrected  by  the  people.  There  is  a  remedy, 
therefore,  for  every  distemper  in  government,  if  the 
people  be  not  wanting  to  themselves.     For  a  people 

WANTING  TO  THEMSELVES,  THERE  IS  NO  REMEDY." 

[Ibid. 

Again  he  says ;  "A  proper  regard  to  the  original 
and  inherent,  and  continued  power  of  the  society  to 
change  its  Constitution,  will  prevent  mistakes  and 
mischiefs  of  a  very  different  kind.  It  will  prevent 
giddy  inconstancy ;  it  will  prevent  unthinking  rash- 
ness ;  it  will  prevent  unmanly  languor." — Works, 
vol  1,  p.  420. 


MIGHT    AND     RIGHT.  141 

Justice  Iredell,  of  the  Supreme  Court  of  the  United 
States,  in  relation  to  the  difference  between  the  prin- 
ciples of  our  own  government  and  those  of  Europe, 
3d  vol.  Elliott's  Debates,  says  ;  "  Our  government  is 
founded  on  much  nobler  principles.  The  people  are 
known,  with  certainty,  to  have  originated  it  them- 
selves. Those  in  power  are  their  servants  and 
agents.  And  the  People,  without  their  consent,  may 
remodel  the  government  whenever  they  think  proper, 
not  merely  because  it  is  oppressively  exercised,  but 
because  they  think  another  form  is  more  conducive 
to  their  welfare." — Cited,  Story's  Comm.  vol.  1,  p. 
326. 

It  is  not,  then,  a  necessary  feature  in  the  right  of 
change,  that  the  government  be  oppressive  in  its 
character,  but  if  the  people  are  displeased  with  it,  in 
any  way,  or  any  degree,  they  may  alter  it,  so  as  it 
shall  be  conformable  to  their  own  ideas  of  right. 

Justice  Patterson,  of  the  Supreme  Court  of  the 
United  States,  says  ;  "  The  Constitution  is  the  work 
of  the  People,  themselves,  in  their' original,  sovereign, 
and  unlimited  capacity."  And  again:  "  A  Consti- 
tution is  a  form  of  government  delineated  by  the 
mighty  hand  of  the  People  ;"  is  "  paramount  to  the 
will  of  the  Legislature,"  and  is  liable  only  "  to  be 
revoked,  or  altered,  by  those  who  made  it." — Dal- 
las' Rep.  p.  304. 

Jefferson,  in  the  Declaration  of  Independence, 
says  ;  "  We  hold  these  truths  to  be  self-evident,  that 
all  men  are  created  equal ;  that  they  are  endowed  by 
their  Creator  with  certain  inalienable  rights ;  that 
among  these  are  life,  liberty,  and  the  pursuit  of  hap- 
piness ;  that  to  secure  these  rights,  governments 
are  instituted  among  men,  deriving  their  just  powers 
from  the  consent  of  the  governed;  that  whenever 
any  form  of  government  becomes  destructive  of 
these  ends,  it  is  the  right  of  the  people  to  alter,  or 
abolish  it,  and  to  institute  new  government,  laying 


142  MIGHT    AND    BIGHT. 

its  foundation  on  such  principles,  and  organizing  its 
powers  in  such  form,  as  to  them  shall  seem  most 
likely  to  effect  their  safety  and  happiness." 

Mr.  Rawle,  a  distinguised  Commentator  on  the 
Constitution  of  the  United  States,  has  given  us  the 
following  remarkable  passage.  "It  is  not  necessary 
that  a  Constitution  should  be  in  writing ;  but  the 
superior  advantages  of  one  reduced  to  writing,  over 
those  resting  on  traditionary  information,  or  which 
are  to  be  collected  from  rare  acts  and  proceedings  of 
the  government,  itself,  are  great  and  manifest.  A 
dependence  on  the  latter  is,  indeed,  destructive  of 
one  main  object  of  a  Constitution,  which  is  to  check 
and  restrain  governors.  If  the  people  can  only  refer 
to  the  acts  and  proceeding  of  the  government,  to  as- 
certain their  own  rights,  it  is  obvious  that,  as  every 
such  act  may  introduce  a  new  principle,  there  can 
be  no  stability  in  the  government.  The  order  of 
things  is  inverted ;  what  ought  to  be  the  inferior,  is 
placed  above  that  which  should  be  the  superior  ;  and 
the  legislature  is  able  to  alter  the  Constitution  at  its 
pleasure." — Rawle  on  the  Constitution,  p.  16. 

Luther  Martin,  Attorney  General  of  Maryland,  and 
one  of  the  Delegates  to  the  Convention  of  1787, 
says  ;  "  Agreeably  to  the  Articles  of  Confederation, 
entered  into  in  the  most  solem  manner,  (and  for  the 
observance  of  which,  the  States  pledged  themselves 
in  the  most  solemn  manner,  to  each  other  ;  and 
called  upon  the  Supreme  Being,  as  a  witness  and 
avenger  between  them )  no  alterations  are  to  be  made 
in  those  articles,  unless,  after  they  are  approved  by 
Congress,  they  are  agreed  to  by  the  Legislature  of 
every  State  ;  but  by  the  resolve  of  the  Convention, 
this  Constitution  is  not  to  be  so  ratified,  but  is  to  be 
submitted  to  Conventions  chosen  by  the  people  ; 
and,  if  ratified  by  them,  is  to  be  binding." 

Here  is  to  be  observed  a  very  interesting  and  im- 
portant step  taken  by  these  new  sojourners  in  the 


MIGHT    AND    RIGHT.  143 

great  Highway  of  Human  Liberty.  They  made  the 
advance  of  submitting  the  subject  of  their  labors,  not 
to  any  intermediate  agents  or  ministers,  but  to  the 
sovereign  power  itself,  as  enshrined  and  vested  in 
the  People. 

The  Supreme  Court  of  the  United  States,  through 
their  Chief  Justice,  Marshall,  say ;  "  That  the  Peo- 
ple have  an  original  right  to  establish  for  their  future 
government,  such  principles  as,  in  their  opinion,  shall 
most  conduce  to  their  own  happiness,  is  the  basis 

ON  WHICH  THE  WHOLE  AMERICAN  FABRIC  HAS  BEEN 
ERECTED." 

And  does  not  the  denial  of  that  right  in  Rhode 
Island,  show  that  the  will  exists,  if  not  the  power, 
to  subvert,  and  wholly  to  overthrow  that  fabric  ? 

Justice  Story,  of  the  Supreme  Court  of  the  United 
States,  says ;  "The  understanding  is  general,  if  not 
universal,  that  having  been  adopted  by  a  majority  of 
the  people,  the  Constitution  of  the  State  binds  the 
whole  community,  proprio  vigore,"  (by  its  own  in- 
nate power)  "  and  is  unalterable,  unless  by  the  con- 
sent of  a  majority  of  the  people,  or,  at  least  by  the 
qualified  votes  of  the  State,  in  the  manner  prescribed 
by  the  Constitution,  or  otherwise  provided  by  the  ma- 
jority. No  right  exists,  in  any  town,  or  county,  or 
any  organised  body  within  the  State,  short  of  the 
whole  people  of  the  State,  to  alter,  suspend,  resist,  or 
disown  the  operations  of  that  Constitution,  or  to 
withdraw  themselves  from  its  jurisdiction.  Much 
less  is  the  compact  supposed  liable  to  interruption, 
or  suspension,  or  dissolution,  at  the  will  of  any  pri- 
vate citizen  upon  his  own  notion  of  its  obligations, 
or  of  any  infringement  of  them  by  the  constituted 
authorities.  The  only  redress  for  any  such  infringe- 
ments, and  the  only  guaranties  of  individual  rights 
and  property,  are  understood  to  consist  in  the  peace- 
able appeal  to  the  proper  tribunals,  constituted  by  the 
government  for  such  purposes ;  if  these  should  failr 


144  MIGHT    AND     RIGHT. 

by  the  ultimate  appeal  to  the  justice  and  good  sense 
of  the  majority.  And  this,  according  to  Mr.  Locke, 
is  the  true  sense  of  the  original  compact,  by  which 
every  individual  has  surrendered  to  the  majority  of 
the  society,  the  right  permanently  to  control  and  di- 
rect the  operations  of  the  government  therein. — Sto- 
rifs  Coram,  vol.  1,  p.  305. 

"  Yattell  justly  observes,"  says  Mr.  Rawle,  "  that  the 
perfection  of  a  State,  and  its  aptitude  to  fulfil  the 
ends  proposed  by  Society,  depend  upon  its  Constitu- 
tion. The  first  duty  to  itself  is,  to  form  the  best 
Constitution  possible,  and  one  most  suited  to  its  cir- 
cumstances ;  and  thus  it  lays  the  foundation  of  its 
safety,  permanence,  and  happiness.  But  the  best 
Constitution  that  can  be  framed,  with  the  most  anx- 
ious deliberation  that  can  be  bestowed  upon  it,  may, 
in  practice,  be  found  imperfect,  and  inadequate  to 
the  true  interests  of  society.  Alterations  and  amend- 
ments then  become  desirable.  The  People  retains  ; 
the  People,  cannot,  perhaps,  divest  itself  of  the  power 
to  make  such  alterations.  A  moral  power  equal  to, 
and  of  the  same  nature  as  that  which  made,  can, 
alone,  destroy.  The  laws  of  one  Legislature  may 
be  repealed  by  another  Legislature :  and  the  power 
to  repeal  them  cannot  be  withheld  by  the  power  that 
enacted  them.  So  the  People  may,  on  the  same 
principle,  at  any  time,  alter  or  abolish,  the  Constitu- 
tion they  have  formed.  This  has  been  frequently 
and  peaceably  done  by  several  of  these  States,  since 
1776.  If  a  particular  mode  of  effecting  such  altera- 
tions has  been  urged  upon,  it  is  most  convenient  to 
adhere  to  it ;  but  it  is  not  exclusively  binding." 

[Raiole  on  the  Constitution,  p.  17. 

The  Right  of  Change  was  laid  down  as  the  very 
corner  stone  of  the  Revolution.  It  occupied  a  con- 
spicuous place  in  the  Declaration  of  Independence. 
It  was  recognised  in  the  Articles  of  Confederation, 
the  Constitution  of  the  United  States,  and  of  almost 


MIGHT    AND     RTOHT.  145 

all  the  States.  Let  the  royal  Chartists  of  Rhode 
Island,  and  their  Advocates  abroad,  read  their  own 
State  Constitution,  and  tell  me  how  they  can  deny 
the  right  of  Revolution,  without  abandoning  the 
principles  of  free  government.  They  will  see,  too, 
that  the  people  not  only  possess  the  Right  of  Change  ; 
but  the  right  to  effect  that  change,  at  such  time,  and 
in  such  manner,  as  they  please. 

Sticks  of  Confederation. 

"  Each  State  retains  its  sovereignty,  freedom,  and  independ- 
ence." 

Constitution  of  the  United  States. 

"  The  United  States  shall  guaranty  to  every  State  in  the  Union 
a  republican  form  of  government." 

"  The  enumeration  in  the  Constitution  of  certain  rights,  shall 
not  be  construed  to  deny  or  disparage  others  retained  by  the  peo- 
ple. The  powers  not  delegated  to  the  United  States  are  reserved 
to  the  States  respectively,  or  to  the  people." 

Constitution  of  Maine. 

"  All  power  is  inherent  in  the  people.     All  free  governments  are 

founded  in  their  authority  and  instituted  for  their  benefit.     They 

have,  therefore,  an  unalienable  and  indefeasible  right  to  institute 

government,  and  to  alter,  reform,  or  totally  change  the 

SAME,  WHEN  THEIR  SAFETY  AND  HAPPINESS  REQUIRE  IT." 

Constitution  of  New  Hampshire. 
"All  government,  of  right,  emanates  from  the  people,  is  found- 
ed in  consent,  and  instituted  for  the  general  good.  Whenever  the 
ends  of  government  are  perverted,  or  public  liberty  manifestly 
endangered,  and  all  other  means  of  redress  are  ineffectual,  the 
people  may  and  of  right  ought  to  reform  the  old,  or  establish  a  new 
government.  The  doctrine  of  non-resistance  against  arbitrary 
power  and  oppression,  is  absurd,  slavish,  and  destructive  of  the  good 
and  happiness  of  mankind." 

Constitution  of  Vermont. 
"The  community  hath  an  indubitable,  unalienable,  and  inde- 
feasible right  to  reform  or  alter  government  in  such  manner  as 
shall  be  by  that  community  judged  most  conducive  to  the  public 
weal." 

Constitution  of  Massachusetts, 
"The  end  of  government  is  to  furnish  the  individuals  who  com- 
pose it  with  the  power  of  enjoying  in  safety  and  tranquility  their 

13 


146  MIGHT    AND     RIGHT. 

natural  rights,  and  whenever  these  great  objects  are  not  obtained, 
THE  PEOPLE  have  a  right  to  alter  the  government." 

Constitution  of  Connecticut. 
"  The  PEOPLE  have,  at  all  times,  an  undeniable  right  to  alter 
their  form  of  government,  in  such  manner  as  they  may  think  ex- 
pedient." 

Constitution  of  Pennsylvania. 

"  All  power  is  inherent  in  the  PEOPLE :  they  have  at  all 
times  an  unalienable  and  indefeasible  right  to  reform  or  abolish 
their  government  in  such  manner  as  THEY  may  think  proper." 

Constitution  of  Delaware. 

"The  people  may,  from  time  to  time,  as  circumstances  require, 
alter  their  constitution  of  government." 

Constitution  of  Maryland, 
"All  government  originates  from  the  people,  and  is  instituted 
solely  for  the  good  of  the  whole.    The  people  of  this  State  ought 
to  have  the  sole  and  exclusive  right  of  regulating  the  internal 
government  and  police  thereof." 

Constitution  of  Virginia. 

"A  majority  of  the  community  hath  an  indubitable,  unaliena- 
ble, and  indefeasible  right  to  reform,  alter,  or  abolish  government 
in  such  manner  as  shall  be  judged  most  conducive  to  the  public 
weal." 

The  Constitutions  of  Kentucky,  Tennessee,  Indiana,  Missis- 
sippi and  Alabama,  adopt  this  noble  provision  in  the  Virginia 
Constitution  almost  without  variation  in  language,  and  with  none 
in  sense. 

Constitution  ofJVorth  Carolina. 

"  All  political  power  is  derived  from  the  people.  The  people 
of  this  State  ought  to  have  the  sole  and  exclusive  right  of  regu- 
lating the  internal  government  and  police  thereof." 

Constitution  of  Ohio. 

"  All  men  are  born  equally  free  and  independent,  and  every 

free  republican  government  being  founded  on  their  sole  authority, 

they  have  at  all  times  a  COMPLETE  power  to  alter,  reform  or 

abolish  their  Government,  whenever  they  may  deem  it  necessary." 

Constitution  of  Illinois. 
"  All  men  are  born  equally  free  and  independent.     All  power 
is  inherent  in  the  people,  and  all  free  governments  are  founded 
on  their  authority." 

Constitution  of  Missouri. 
"  The  people  of  this  State  have  the  inherent,  sole  and  exclusive 
right  of  regulating  the  internal  government  and  police  thereof, 


MIGHT    AND     RIGHT.  147 

and  of  altering  and  abolishing  their  Constitution  and  form  of  go- 
vernment, whenever  it  may  be  necessary  to  their  safety  or  hap- 
piness." 

Now  let  the  Executive,  and  Cabinet,  and  the  prin- 
cipal Senators  of  the  United  States,  examine  care- 
fully the  bills  of  rights  in  their  respective  State  Con- 
stitutions, and  also  the  Constitution  of  the  United 
States,  which  they  have  sworn  to  obey,  and  then 
answer,  truly,  if  the  Free  Suffrage  people  of  Rhode 
Island  do  not  stand  before  God,  and  the  whole 
world,  as  free  from  rebellion,  treason,  insurrection, 
or  domestic  violence,  as  did  our  Fathers  of  the 
Revolution,  and  the  framers  of  all  the  State  Consti- 
tutions ? 

And  why,  it  will  be  asked  —  why  this  long  array 
of  authorities,  in  order  to  establish  indisputable 
points  of  political  faith  and  doctrine  ?  Alas,  for  us, 
in  this  "  free  "  state  !  These  are  no  longer  indispu- 
table doctrines  !  They  are  positively  and  absolutely 
denied  by  the  existing  government  of  Rhode  Island, 
both  in  theory  and  in  practice  —  by  word  and  by 
deed.  Let  the  speeches  and  writings  of  the  chief 
men  among  them  be  examined.  Let  the  history  of 
their  acts,  which  furnishes  but  too  elaborate  a  com- 
mentary on  their  principles,  be  read  ;  and  it  will  be 
clearly  seen  that  what  I  say  is  true  —  if  it  reach  the 
truth  —  it  does  not,  indeed,  go  beyond  it.  What 
will  Monarchists  of  the  old  world  say  —  what  will 
Republicans  at  home  say,  when  they  are  told  that 
here,  in  Rhode  Island — the  "  freest  "  of  all  these 
United  States  of  America  —  the  great  and  distin- 
guishing doctrines  of  the  Declaration  of  Indepen- 
dence, are  openly  and  unblushingly  called,*  "  theo- 
retical abstractions" — mere  "rhetorical  flourishes*' 
—  and  that  one,  at  least,  among  our  great  men  has 

*  See  Proceedings  of  the  General  Assembly  and  Freeholders' 
Convention,  May  1841. 


148  MIGHT    AND     RIGHT. 

said  publicly  of  the  above  Instrument,  that  it  had 
"done*  more  hurt  than  good?''  Would  not  the 
Aristocrats  of  Europe  take  up  the  bitter  taunt  of 
Israel,  and  cry  aloud,  in  their  scorn  ;  "  Art  thou, 
too,  fallen,  Lucifer,  son  of  the  morning  ?  " 

And  yet  our  rulers  claim  to  be  "  Jeffersonian 
Democrats  ;"  and,  from  time  to  time,  speak  and 
write  very  round  periods,  and  very  fine  paragraphs, 
about  the  "  Democracie  "  which  our  fathers  estab- 
lished, and  the  Republic  of  Rhode  Island.  Is  it 
consistent  with  the  honor  —  with  the  safety  of  a 
Republic  —  that  such  men  should  minister  at  its 
altars  ?  Degraded  and  polluted  are  those  altars, 
with  the  blood  of  immolated  Freedom  ! 

Here,  let  it  be  distinctly  understood,  that  the 
Suffrage  Party  sought  to  effect  a  change  in  the 
government,  'peaceably.  They  deprecated  the  idea 
of  violence.  By  numerous  precedents  —  by  the 
authority  of  able  counsellors  —  they  were  persuaded 
they  could  do  this  ;  but  they  were  always  willing  to 
surrender  their  powers  to  the  properly^orgaiiized 
State  Authorities,  could  anything  like  equal  and  just 
action  have  been  obtained.  Even  at  the  eleventh 
hour  the  General  Assembly  had  it  in  their  power  to 
conciliate  all  difficulties,  by  passing  Mr.  At  well's 
Bill,  empowering  all  tax-paying  citizens  of  Rhode 
Island,  to  vote  for  Delegates  to  the  Convention, 
which  had  been  called  by  themselves,  for  the  pur- 
pose of  forming  a  Constitution.  A  single  breath  of 
the  Assembly  might,  even  then,  have  blown  aside 
all  rancor,  all  bitterness  —  all  party-feeling  —  and 
the  honest  and  energetic  yeomanry  and  mechanics 
of  Rhode  Island,  would,  earnestly,  and  zealously, 
have  co-operated  in  the  great  work  in  which  they 
were  so  deeply  interested. 

#This  noble  sentiment  was  uttered  by  one  of  the  Judges  of 
the  Supreme  Court  of  Rhode  Island. 


MIGHT    AND     RIGHT.  149 

But  when  this  last  repulse  was  given,  they  de- 
clared themselves  weary  of  "  asking  for  bread,  and 
receiving  only  stones  ;"  will  any  person  wonder 
that  they  were  so  ?  They  resolved  then  to  put 
their  own  hands  to  the  work,  and  they  did  so  right 
manfully.  They  believed  that  the  question  had 
been  settled,  beyond  dispute,  that  Constitutions  of 
Government  might  be  changed  by  a  majority  of  the 
people,  without  any  appeal  to  force  ;  that  the  fact 
was  established  by  several  precedents  —  the  change 
in  the  General  Government  —  the  changes  in  the 
State  Constitutions  —  and  thus  authorised  —  and 
thus  established  —  had  come  to  be  considered  as 
a  fixed  principle  in  the  policy  of  American  Govern- 
ment —  indeed  its  distinguishing  principle. 

But  the  Chartists  refused  to  acknowledge  this 
American  principle.  They  opposed  it.  They  ridi- 
culed it.  They  undermined  it  by  falsehoods  and 
corruptions  of  the  blackest  dye.  Indeed,  the  idea 
that  non-freeholders  —  the  patient  slaves  they  had 
held  in  check  for  more  than  sixty  years,  simply  by 
the  exertion  of  their  "  especial  grace,  certain  know- 
ledge, and  mere  motion" — should  consider  them- 
selves men,  was  too  good  a  joke  to  be  lost.  It  was 
really  unsafe  for  an  excitable  man  to  dwell  upon. 
It  was  a  phenomenon  they  never  expected  to  see  ; 
tar  better  than  an  ordinary  comedy.  It  was  a  com- 
plete "farce" — as  they  often  called  it.  To  think 
that  these  creatures,  who  were  not  "  freemen,"  nor 
even  "people"  should  really  talk  about  the  rights  of 
man  !    It  was  a  subject  of  unmingled  astonishment ! 

Certainly,  had  the  non-freeholders  of  Rhode  Island 
been  bond-slaves,  they  could  not  have  been  treated 
with  more  unutterable  contempt.  Indeed,  their 
movements  were  not  regarded  as  the  actions  of  men. 
It  was  as  if  a  tribe  of  monkeys  had  suddenly  risen 
up  among  us  ;  and  after  playing  various  antics, 
which  were  new,  indeed,  and  wonderful  to  behold — ► 
13* 


150 


MIGHT  AND  RIGHT. 


had,  all  at  once,  claimed  to  exercise  the  prerogatives 
of  human  beings.  The  demand  was,  in  itself,  a 
most  laughable  absurdity,  while  the  idea  of  such 
beings  having  rights  was  monstrous  ! 

And  so  were  met,  and  so  answered,  the  cries  for 
liberty  —  the  demand  for  right  —  of  three-fifths  of 
the  People  of  Rhode  Island  ;  at  first  with  ridicule  — 
and  then  with  deep  and  bitter  scorn.  Let  the  whole 
tone  and  spirit  of  the  writings,  speeches,  and  debates 
of  the  Chartists,  witness  that  I  speak  truly,  and  with- 
out exaggeration. 

Before  dismissing  this  long  chapter,  I  wish  to  re- 
vert a  moment  to  one  or  two  other  objections,  which 
have  been  frequently  made  by  our  enemies.  The 
first  is  that  man,  when  he  enters  society,  surrenders 
his  natural  rights,  for  others,  which  are  termed  social 
rights.  During  the  progress  of  this  controversy  one 
of  our  most  distinguished  clergymen  was  so  zealous 
in  the  propagation  of  this  doctrine,  that  he  devoted 
a  whole  sermon  exclusively  to  its  advocacy,  taking 
the  ground  that  Man  has  no  inherent  rights  —  or 
properly  no  rights  at  all  ;  since  if  he  have  them  not 
naturally,  they  must  be  given  —  and  a  gift  is  of 
favor,  or  courtesy  —  and  not  of  right.  Would  not 
IN'icholas  give  the  reverend  gentleman  a  higher  salary 
than  could  be  afforded  by  the  society  over  which  he 
presides,  as  a  premium  for  preaching  doctrines  so 
consonant  with  the  spirit  of  his  own  government  ? 

But  to  return  to  the  question.  Algernon  Sydney 
says :  "  The  natural  liberty  of  man  is  to  be  free  from 
any  superior  power  on  earth,  and  not  to  be  under  the 
will  or  legislative  power  of  man  ;  but  to  have  only 
the  law  of  nature  for  his  rule.  The  liberty  of  man 
in  society  is  to  be  subject  to  no  other  legislative 
power,  but  that  established  by  consent  in  the  corn- 
inonwealth  ;  nor  under  the  dominion  of  any  will,  or 
restraint  of  any  law,  but  what  that  legislature  shall 
enact,  according  to  the  trust  put  in  it."     Here  is  no 


MIGHT    AND     RIGHT.  15t 

abrogation  of  natural  rights.     There  is,  on  the  con- 
trary, an  accession  of  rights  in  the  social  state. 

Locke,  who  pertinaciously  clung  to  the  old  idea, 
that  man,  on  entering  the  social  state,  must  surren- 
der something,  is  yet  very  far  from  sustaining  our 
opponents  in  the  ground  assumed  ;  which  is,  either 
that  man  has  no  natural  rights,  or  surrenders  them 
to  the  community,  in  the  social  state.  Locke  says  : 
""  A  man,  as  has  been  proved,  cannot  subject  himself 
io  the  arbitrary  power  of  another ;  and  having  in  a 
state  of  nature  no  arbitrary  power  over  the  life,  lib- 
erty, or  possessions  of  another  ;  but  only  so  much  as 
the  law  of  nature  gave  him,  for  the  preservation  of 
himself  and  the  rest  of  mankind  ;  this  is  all  he  doth, 
or  can  give  up  to  the  community,  and  by  it  to  the 
legislative  power  ;  so  that  the  legislature  can  have 
no  more  than  this.  Their  power,  in  the  utmost 
bounds  of  it,  is  limited  to  the  public  good  of  the 
society.  It  is  a  power  that  can  have  no  other  end 
hut  preservation  ;  and,  therefore,  can  never  have  a 
right  to  destroy,  enslave,  or  designedly  injure  the 
subjects." 

By  this,  I  understand,  that  man,  on  entering 
society,  surrenders  only  the  exertion  of  so  much  of 
his  own  physical,  or  personal  power,  as  would,  in  a 
state  of  nature  have  been, sufficient  to  enable  him  to 
sustain,  recover,  or  defend  his  natural  rights,  from 
his  natural  enemies.  That  is  to  say,  instead  of 
going  directly  to  the  point,  and  vindicating,  or 
avenging  himself,  he  deposites  this  privilege  in  the 
hands  of  the  society  ;  who,  by  their  laws,  will  vin- 
dicate, or  avenge  him  ;  so  that  instead  of  his  own 
single  force,  he  becomes  master  of  their  combined 
strength.  This  is  properly  no  surrender,  when  we 
consider  the  helpless  condition  of  one  in  a  state  of 
nature  ;  but  only  an  exchange  of  the  lesser  for  the 
greater  good  :  an  acquisition,  rather  than  a  loss  of 
power. 


152  MIGHT    AND    RIGHT. 

Bat  Locke,  as  if  conscious  that  his  doctrine  of 
surrender  should  be  surrendered,  goes  on  to  say  : 
"  The  obligations  of  the  law  of  nature  cease  not  in 
society  ;  but  only,  in  many  cases,  are  drawn  closer, 
and  have  by  human  laws,  known  penalties  annexed 
to  them  to  enforce  their  observation.  Thus  the 
Law  of  Nature  stands  as  an  eternal  rule,  to  leg- 
islators, as  well  as  others.  The  rules  that  they  make 
for  other  men's  actions,  must,  as  well  as  their  own, 
be  conformable  to  the  Law  of  Nature  —  that  is  to  the 
Will  of  God  of  which  that  is  a  declaration  ;  and 
the  fundamental  law  of  nature  being  the  'preserva- 
tion of  mankind,  no  human  sanction  can  be  good 
against  it." 

The  learned  Puffendorf,  author  of  many  celebrated 
works  in  History  and  Jurisprudence,  who  was  born 
in  1631,  and  became  the  Historiographer  and  Coun- 
sellor of  the  Elector  of  Brandenberg,  says  :  "  One  of 
the  chief  ends  of  erecting  governments,  was,  that 
the  Laws  of  Nature,  upon  which  the  common  peace 
of  mankind  is  established,  might  be  obeyed  without 
danger." — [Law  of  Nature  and  Nations,  Book  8. 
Sec.  2.] 

Again  I  quote  ancient  and  high  authority,  that  of 
Hugo  Grotius,  who  was,  in  some  degree,  the  Master 
of  PufTendorf,  since  it  was  by  the  perusal  of  the 
works  of  the  former,  that  the  mind  of  the  latter  was. 
perhaps,  chiefly  influenced.  Grotius  was  born  at 
Delft,  in  Holland,  in  1583,  and  so  wonderful  were 
his  powers,  that,  at  sixteen,  he  was  made  a  Doctor 
of  the  Laws,  and  soon  after  entered  into  the  practice 
of  his  profession.  He  successively  became  Historio- 
grapher, Advocate  General  of  Holland  and  Zealand, 
Pensionary  of  Rotterdam,  a  member  of  the  States 
General,  and  Envoy  to  England.  He  had  a  strong, 
vigorous,  and  unprejudiced  mind,  discriminating 
judgment,  and  great   learning.     He   says,  "  In  the 


MIGHT    AND    RIGHT.  153 

Law  of  Nations,  the  Law  of  Nature  is  included," 
included  but  not  annihilated. 

Mr.  Hamilton,  speaking  of  the  introduction  of 
Bills  of  Rights  into  State  Constitutions,  says  :  u  It  is 
evident,  therefore,  that  according  to  their  primitive 
signification,  (abridgments  of  prerogative  in  favor  of 
privilege,)  they  have  no  application  to  constitutions 
professedly  founded  upon  the  power  of  the  people, 
and  executed  by  their  immediate  representatives  and 
servants.  Here,  in  strictness,  the  people  surrender 
nothing  ;  and  as  they  retain  every  thing,  they 
have  no  need  of  particular  reservations." — [Federal- 
ist, No.  83,  p.  463—4. 

One  quotation  more  from  the  gifted  Reviewer  of 
Montesquieu.  "  When  men,  therefore,  unite  in 
society,  it  is  not  true,  as  has  been  so  often  said,  that 
they  sacrifice  a  part  of  their  liberties  to  enjoy  the 
rest  with  security  ;  on  the  contrary,  every  one  of 
them  acquires,  by  association,  an  increase  of  power." 

Again,  it  is  frequently  said  by  our  opposers,  that 
there  was  no  objection  to  the  change,  itself,  but  they 
did  not  like  the  manner  in  which  it  was  brought 
about.  In  answer  to  this  I  will  quote  the  authority 
of  Madison ;  who,  in  reply  to  certain  cavilers  that 
had  objected  to  the  Convention  that  framed  the 
Constitution  of  the  United  States,  on  the  ground 
of  their  having  transcended  the  powers  with  which 
they  were  entrusted,  strenuously  advocates  a  disre- 
gard of  the  Articles  of  Confederation ;  or,  in  other 
words,  that  the  end  should  not  be  sacrificed  to  the 
means.  After  very  ably  sustaining  this  point,  he 
says  :  "  In  all  great  changes  of  established  govern- 
ments, forms  ought  to  give  way  to  substance  ;  that 
a  rigid  adherence,  in  such  cases,  to  the  former, 
would  render  nominal  and  nugatory,  the  transcen- 
dent arid  precious  right  of  the  people  to  \  alter,  or 
abolish,  their  governments,  as  to  litem   shall  seem 


154  MIGHT    AND     RIGHT. 

most  likely  to  effect  their  safety  and  happiness  / 
since  it  is  impossible  for  the  people,  spontaneously 
and  universally,  to  move  in  concert'  towards  that 
object  ;  and  it  is,  therefore,  essential  that  such 
changes  be  instituted  by  some  informal  and  unau- 
thorized propositions,  made  by  some  patriotic  and 
respectable  citizen,  or  citizens.  They  must  have 
recollected  that  it  was  by  this  irregular  and  assumed 
privilege,  of  proposing  to  the  people  plans  for  their 
safety  and  happiness,  that  the  States  were  first 
united  against  the  danger  with  which  they  were 
threatened  by  their  ancient  government ;  that  Com- 
mittees and  Congresses  were  formed  for  concentrating 
their  efforts,  and  defending  their  rights  ;  and  that 
Conventions  were  elected  in  the  several  States,  for 
establishing  the  Constitutions  under  which  they  are 
now  governed ;  nor  could  it  have  been  forgotten  that 
no  little,  ill-timed  scruples,  no  zeal  for  adhering  to 
ordinary  forms,  were  any  where  seen,  except  in  those 
who  wished  to  indulge,    under  these  masks,    their 

SECRET    ENMITY    TO    THE     SUBSTANCE   CONTENDED     FOR. 

They  must  have  borne  in  mind,  that,  as  the  plan  to 
be  framed,  and  proposed,  was  to  be  submitted  to 
the  people  themselves  —  the  disapprobation  of  this 
supreme  authority  would  destroy  it  forever ;  its 
approbation  blot  out  all  antecedent  errors  and  irregu- 
larities /" 

It  seems,  then  that  the  original  Congresses  and 
Conventions  of  the  United  States,  were  formed  by 
an  "  irregular  and  assumed  privilege."  How  op- 
posed is  this  statement  to  Mr.  Durfee's  idea,  of  royal 
colonies,  in  their  crysalis  state,  winding  themselves 
up  in  thpir  r.oeoon  ;  and,  in  an  infinitely  small  space 
of  time,  coming  out  republics  !  How  contrary  to  his 
doctrine  of  "  corporations,"  and  "  units."  Strange 
that  such  great  men,  and  eminent  republicans,  should 
so  signally  disagree  ! 

But  have  I  not  sufficiently  established  the  Right 


MIGHT    AND     RIGHT.  155 

or  Change,  as  effected  by  "  the  mighty  hand  of  the 
people.*'  If  I  have  not,  it  would  seem  that  there  is 
no  platform  whereon  to  rest  any  prerogative.  I 
shall  begin  to  think  that  all  our*  inalienable  rights 
are  alienated  —  as  Judge  Haile  has  had  the  kindness 
to  tell  us  they  may  be. 


CHAPTER  VIII. 

CONSTITUTION. 

It  will  be  remembered  that  a  Petition  from  Elisha 
Dillingham,  and  others,  to  the  number  of  five  or  six 
hundred,  praying  for  the  abrogation  of  the  Charter, 
and  an  extension  of  Suffrage,  was  presented  to  the 
General  Assembly,  at  its  January  session,  1841. 
This,  and  other  petitions  presented  at  the  same 
time,  as  has  before  been  stated,  were  insultingly 
passed  by,  without  notice,  or  action.  At  the  same 
session  the  Smith  field  memorial,  praying  for  an 
equalized  representation,  was  also  presented;  and 
was  acted  upon  February  6th,  by  the  General 
Assembly  passing  Resolutions,  requesting  the  free- 
men to  meet  in  August,  for  the  purpose  of  choosing 
Delegates  to  a  Convention,  to  be  holden  on  the  first 
Monday  of  November,  1841,  to  form  either  in  whole, 
or  in  part,  a  new  Constitution  for  the  State. 

*  Judge  Haile  objected  that  the  assertion  that  all  are  created 
free  and  equal,  in  popular  acception,  is  not  strictly  true.  Life, 
liberty,  &c.  are  inalienable  rights.  We  give  up  these  rights,  to 
secure  others. — [Proceedings  of  Freeholders'  Convention,  Thurs- 
day, November  11. 

There  is  a  smack  of  "  alien  "  in  that  speech,  that  would  suggest 
the  idea  of  birth  and  parentage  in  another  than  2#tocfe-Island. 


156  MIGHT    AND     RIGHT. 

At  this  session  the  question  was  brought  up,  and 
discussed,  whether  the  General  Assembly  had  any- 
right,  or  power,  to  institute  proceedings  for  the  pur- 
pose of  remedying,  or  changing,  the  Government  of 
the  State.     The  opinion  that  the  Assembly  had  not 
power  so  to  act,  without  instruction  from  their  con- 
stituents seemed  generally  to  prevail.     Mr.  Robbins 
said  that  here  everything  came  "  from  the  sovereign 
power  of  the  people  " — and  again,  "  Here  all  power 
is  in  the   People,  and  they  are   sovereign."      But 
what  did  Mr.  Robbins  mean  by  the  people  ?     Why 
the   freemen.     We    shall   now  see    that    the    sove- 
reignty  which   was    thus,    theoretically,    bestowed 
upon  the  "  people,"  reverted  to  themselves.     The 
freemen  were  the  creatures   of  the  Assembly.      A 
breath  of  theirs   had   called  them  into   being.     A 
breath  could  annihilate  them.     They  might  be  ten- 
thousand  to-day,  and  one-thousand  to-morrow.    The 
Assembly  were,  according  to  their  own  words,  then, 
the  creators  of  the   sovereignty ;  and  by  their  pre- 
rogative of  creation,  or  destruction,  held  it  in  com- 
plete check  ;  so  that  if  there  was,  or  ever  had  been, 
any  sovereignty  in  the  people ;  or,  as  they  expressed 
it,  the  freemen,  the  General  Assembly  had  usurped 
and  controlled   the  whole.     How  absurd,  then,  to 
pretend  that  they  had  not  power,  under  the  existing 
institutions,  to  make  whatever  changes  they  would. 
The  House,  as  a  body,  probably  held  the  opinion 
of  one  of  its  members,  Mr.  Robbins.     "  There  is  no 
practical  evil  shewn  in  our  present  form;  and  we 
should  act  until  it  is  shown." 

At  the  June  session  of  the  Assembly  Mr.  At  well's 
Bill*  was  proposed  to  that  body,  and  by  them  reject- 
ed. This  last  effort  of  freedom  against  despotism, 
was  voted  down  by  a  majority  of  fifty-two,  against 
ten  in  favor  of  the  bill. 

*  See  page  85. 


MIGHT  AND  RIGHT.  157 

The  State  Committee  of  the  Suffrage  Party  had 
suspended  their  Call  for  a  Convention,  hoping  that 
something  might  yet  be  gained  by  their  last  appeal 
to  the  sense  of  justice  in  the  Legislature.  But  their 
hopes  were  vain;  and  they  proceeded  to  act  for 
themselves,  as  above  recited. 

The  Landholders'  Convention  met  in  November, 
and  without  having  formed  a  Constitution,  adjourned, 
to  ascertain,  as  they  said,  the  wishes  of  the  people, 
and  re-assemble  on  Monday,  Feb.  14th,  1842. 

The  result  of  the  popular  movement,  in  the  form- 
ing and  adoption  of  a  State  Constitution,  was  trans- 
mitted to  the  Legislature,  at  the  January  Session  in 
1842,  by  Mr.  Atwell,  who  had  been  a  member  of  the 
Suffrage  Convention,  and  was  also  a  member  of  the 
Legislature.  He  at  the  same  time  introduced  an 
Act,  reciting  the  results  connected  with  the  adoption 
of  the  People's  Constitution,  and  requiring  the  As- 
sembly to  yield  up  its  authority  to  the  new  govern- 
ment that  was  to  be  organised  under  it.  A  way  was 
provided  in  this  act,  by  which  the  Assembly  might 
quietly  dissolve  itself,  on  the  day  previous  to  that 
appointed  for  the  election  of  the  People's  officers  ;  so 
that  a  provision  was  wisely  made  against  anarchy, 
and  all  its  mischiefs.  But  the  General  Assembly  re- 
fused to  pass  this  Act.  Mr.  Atwell  then  moved  for 
an  inquiry  into  the  number  of  qualified  voters,  who 
had  cast  their  ballots  for  the  People's  Constitution. 
But  the  Assembly  refused  to  take  any  such  step ; 
they  expressed  for  the  doings  of  the  Convention,  and 
the  People,  a  supreme  contempt ;  considering  it  of 
no  importance,  whether  they  were  a  majority,  or  a 
minority. 

No  reasonable  person  can  doubt,  that  this  refusal 
of  the  Assembly  to  make  official  inquiry  into  the 
alleged  majority,  was  a  tacit  admission  of  the  fact. 
Had  they  seen  any  reasonable  doubt  of  its  truth, 
they  would  have  been  very  willing  to  expose  the 
14 


158  MIGHT    AND    RIGHT. 

flaw  to  public  view.  On  the  contrary,  they  perceiv- 
ed that  it  would  be  incumbent  on  them,  if  the  truth 
of  the  majority  should  be  established,  to  yield  their 
allegiance  to  the  sovereign  will  of  the  people,  and 
pass  an  Act  confirming  the  Constitution.  This  was 
a  neglect  of  manifest  and  positive  duty,  and  was  the 
true  cause  of  all  the  subsequent  disorder,  suffering, 
violence,  and  wrong.  Instead  of  pursuing  any  me- 
liorating course,  the  Assembly,  at  the  same  session, 
passed  an  Act,  declaring  the  People's  Constitution  to 
be  "  a  usurpation,"  and  its  adoption  "  an  assumption 
of  the  powers  of  government,  a  violation  of  the 
rights  of  the  existing  government,  and  of  the  rights 
of  the  people  at  large ;"  that  is  to  say,  14,000  men 
had  violated  their  own  rights,  by  voting  for  an  in- 
strument which  was  to  secure  the  rights  of  all. 

The  General  Assembly  never  denied  the  majority, 
though  it  was  often  denied  by  individuals. *  The 
General  Assembly  did  not  dare  to  deny  it,  officially ; 
but  through  their  individual  members,  and  their  Or- 
gan, the  Journal,  the  most  injurious  and  false  opin- 
ions were  expressed  and  circulated.  It  was  repre- 
sented that  a  very  considerable  portion,  or  the  larg- 
est portion,  of  the  signers  of  the  People's  Constitu- 
tion, were  in  forts,  or  coal  mines,  or  in  Ireland,  or 
round  Cape  Horn,  or  convicts,  or  dead.  One  might 
have  wondered,  if  he  believed  the  stories,  to  find  a 
single  name  on  the  record. 

•  During  all  the  preliminary  measures,  all  meet- 
ings had  been  called  and  conducted,  according  to  the 
ancient  usage  of  the  state.  Clerks  and  Moderators 
were  appointed,  in  due  form.  It  has  been  objected 
that  the  Moderators  and  Voters  were  not  sworn.  In 
Rhode  Island,  a  Moderator  is  never  a  sworn  officer  ; 
and  Voters  are  never  sworn,  unless  their  vote  is  chal- 

*  They  indirectly  questioned  the  majority,  by  adopting  the  Re- 
port of  the  Investigating  Committee,  but  never  questioned  it  by 
direct  action. 


MIGHT    AND    RIGHT.  159 

tenged;  and  every  challenge  that  was  made,  was 
received  at  the  People's  Election ;  and  the  vote  ex- 
cluded from  the  count. 

As  a  strong  expression  of  public  opinion,  if  for 
nothing  more,  the  case  demanded  investigation.  If 
the  fact  that  a  majority  had  so  voted  were  ascertain- 
ed, and  made  to  appear,  the  question  of  right  in  the 
estimation  of  the  Assembly  would  have  been  still 
open.  If  the  asserted  majority  had  been  established 
as  a  false  assumption,  or  any  serious  doubts  had  been 
raised  concerning  it,  the  controversy  must  have  ter- 
minated, or  have  changed  its  form.  When  the  Ge- 
neral Assembly  refused  to  examine  the  claims  of  the 
opposite  party,  they  admitted  their  truth ;  and,  as  a 
last  refuge,  were  driven  to  deny,  that  the  people, 
without  their  authority,  had  any  right  to  act  in  any 
official  manner,  or  to  reform  the  government  of  the 
State.  The  Constitution  had  been  thrice  ratified; 
first,  by  the  direct  vote  of  the  People  ;  secondly,  by 
the  admission  of  their  opponents  ;  and,  lastly,  by  the 
defeat  of  the  Landholders'  Constitution,  which  had 
been  proposed  as  a  substitute. 

Was  the  course  of  the  Chartists  manly?  Was  it 
right,  thus  to  continue  to  dispute,  and,  by  all  sub- 
tlety, endeavor  to  disprove  facts,  which  they  utterly 
refused  openly  to  investigate  ?  It  has  been  said  that 
a  man  who  makes  charges  which  he  cannot  sustain, 
and  will  not  retract,  is  a  liar. 

But  admitting  that  there  were  a  very  large  num- 
ber of  fraudulent  votes ;  there  were  still  the  votes  of 
4,927  freemen ;  being  a  majority  of  nearly  600  of 
all  the  freemen  in  the  State.  Here  was  no  oppor- 
tunity for  fraud.  Why  do  not  the  gentlemen  whose 
names  were  used  fraudulently,  come  forward  and  de- 
clare the  fact?  The  ballots  are  registered.  They 
testify  for  themselves ;  and  settle  the  question  for- 
ever. 

To  show  what  miserable  quibbles  were  resorted 


160  MIGHT    AND    RIGHT. 

to,  in  order  to  disprove  the  majority,  I  will  give  an 
instance  of  a  writer  in  the  Journal,  of  March  3d, 
1842.  The  writer  quotes  the  following  passage 
from  Judge  Story.  "  In  the  adoption  of  no  State 
Constitution,  has  the  assent  been  asked  of  any  but 
the  qualified  voters ;  and  women,  and  minors,  and 
other  persons  not  recognised  as  voters  by  existing 
laws,  have  been  studiously  excluded.  And  yet  the 
Constitution  has  been  deemed  entirely  obligatory 
upon  them,  as  well  as  upon  the  minority  who  voted 
against  it.'7  From  this  authority  the  writer  goes  on 
to  deduce  the  very  important  fact,  that  because  the 
voters  on  the  People's  Constitution,  were  not  a  ma- 
jority of  all  the  men,  women,  and  children  in  the 
State,  they  were  no  majority  at  all ;  and,  therefore, 
that  the  Constitution  in  question,  did  not  emanate 
from  the  whole  people.  Must  not  that  be  a  hope- 
lessly bad  cause,  which  can  admit  of  defence  so  weak 
and  miserable  as  this  ? 

Two  Conventions,  as  we  have  seen,  were  in  ses- 
sion at,  or  nearly  at  the  same  time ;  but  the  princi- 
ples which  governed,  and  the  motives  which  ani- 
mated them,  were  widely  different.  The  first  Con- 
vention was  held  by  Delegates  spontaneously  chosen 
by  the  citizens  at  large ;  the  second  by  Delegates 
chosen  by  the  qualified  Freeholders,  who  did  not 
amount  to  more  than  two-fifths  of  the  people.  The 
object  of  the  first  was  to  extend  suffrage,  and  to 
form  a  Constitution,  upon  the  principles  laid  down 
in  the  Declaration  of  Independence,  which  should 
secure  to  themselves,  and  their  posterity,  the  precious 
rights  of  citizenship,  which  have  been  long  unnatu- 
rally alienated  from  a  large  portion  of  the  people  of 
Rhode  Island,  and  to  the  State  a  Republican  form 
of  Government.  The  avowed  intention  of  the  other, 
was  to  remodel  the  old  aristocratic  form,  which  se- 
cured to  the  minority  all  the  old  exclusive  privileges. 
To  secure  the  old  form  unaltered,  if  possible,  or,  that 


MIGHT    AND     RIGHT.  161 

not  being  the  case,  changed  as  little  as  possible. 
Many,  if  not  most  of  them,  have  since  denied  this, 
and  declared  themselves  always  friendly  to  a  judi- 
cious extension  of  suffrage.  Their  action  of  the  last 
forty  years  would  express  a  totally  different  idea ; 
but  contradictions  do  not  disturb  the  serene  equi- 
nimity  of  these  great  men. 

The  known  facts  in  the  case,  compel  us  to  be- 
lieve that  the  Chartists  only  favored  any  degree  of 
reform,  so  far  as  they  were  driven  to  it,  and  no  far- 
ther. A  writer  in  their  Organ,  the  Journal,  of  1841, 
speaks  of  the  Charter  in  this  wise.  u  And  have  *we 
not  got  on  very  comfortably?  The  venerable  old 
Charter,  (the  oldest  written  Constitution  now  valid 
in  the  world,)  which  has  carried  us  safely  through 
the  better  part  of  two  centuries,  is,  even  now,  fworth 
more  than  half  the  State  Constitutions  in  existence. 
The  great  principles  of  Jcivil  and  religious  liberty 
which  it  embodies,  have  now  become  familiar,  and 
are  the  common  platform  of  every  free  government." 

And,  again,  after  reciting  a  long  list  of  excellences, 
the  writer  continues.  "  The  Representation  should 
be  reformed ;  and  perhaps,  there  should  be  a  reor- 
ganization of  the  judiciary ;  but  let  us  handle  the 
venerable  instrument  kindly ;  let  us  not  be  misled 
by  any  temporary  clamor,  nor  take  steps  which  we 
may  repent,  but  which  we  can  never  retrace.  The 
Charter,  which  stood  up,  the  bulwark  of  our  liber- 
ties before  the  Revolution,  and  which  the  People 
have  lived  under  ever  since,  ^repeatedly  refusing  to 

*  u  We,  the  People  ?*'  By  no  means ;  but  we,  the  Gov- 
ernment. 

f  Worth  more  than  all,  undoubtedly  to  the  Government ;.  but 
les9  than  nothing  to  the  people. 

I  The  principles  of  civil  liberty,  as  secured  to  the  "  Company" 
are,  doubtless,  manifold ;  but  what  right  was  secured  to  the  peo- 
ple at  large,  I  could  never  find  out,  unless  it  was  the  privilege  of 
catching  "  dubertus  and  other  great  fish." 

$  When  were  the  people  ever  so  much  as  asked,  whether  the 


162  MIGHT    AND     RIGHT. 

abrogate  it,  is  not  the  cumbrous,  useless,  and  absurd 
instrument  that  we  are  sometimes  told  it  is.  The 
changes  of  nearly  200  years  have,  indeed,  rendered 
necessary  some  changes  in  the  application  of  the 
principles  which  it  contains,  but  until  human  nature 
changes,  there  will  be  no  improvement  in  the  great 
principles  of  civil  and  religious  liberty,  which  are 
acknowledged  in  the  Charter  of  Rhode  Island. n 

The  Landholders'  Constitution  was  laid  before 
that  portion  of  the  people,  who  were,  by  law,  per- 
mitted to  vote  thereon,  on  the  21st,  22d,  and  23d 
days  of  March,  1842,  and  was  rejected  by  a  majority 
of  those  voting  upon  the  question  —  which  majority 
was  about  seven  hundred. 

This  was  the  second  popular  triumph.  The  Peo- 
ple had  not  only  sustained  their  own  constitution  by 
a  vast  majority,  but  they  had  rejected  that  of  their 
opposers.  Yet  from  the  fact  that  so  many  more  had 
voted  in  favor  of  the  first,  than  had  voted  against 
the  last,  the  majority  was  denied.  And  this  denial 
was  busily  circulated,  at  home  and  abroad,  set  off  by 
circumstances  which  were  fabricated  to  support  it. 

There  were  many  reasons  why  the  vote  in  favor 
of  the  People's,  should  be  much  greater  than  that 
against  the  Landholders'  Constitution.  1  will  enu- 
merate some  of  them. 

Charter  should  be  abrogated  ?  They  never  were.  By  this  as- 
sertion, and  others  of  a  similar  nature,  the  Chartists  have  com- 
pletely deceived  the  people  abroad,  as  well  as  many  even  here. 
Upon  the  strength  of  these  authorities,  we  are  frequently  told 
that  the  people  of  Rhode  Island  are  strongly  attached  to  their 
ancient  government;  that  they  have  repeatedly  refused  to  change 
it.  But  let  it  be  always  borne  in  mind,  that  only  the  "  legal  peo- 
ple," the  "  corporate  people,"  the  freeholders,  were  recognised 
in  Rhode  Island  as  people,  and  that  the  very  existence  of  all 
other  habitants,  and  citizens,  is,  politically,  annihilated.  This 
cannot  be  too  carefully  borne  in  mind ;  for  opinions  injurious  to 
the  Suffrage  Party,  and  their  cause,  grow  out  of  such  mistakes, 
and  will  continue  to  do  so,  until  the  people  of  other  states  become 
acquainted  with  our  definitions. 


MIGHT    AND     RIGHT.  163 

1.  They  had  expressed  their  opinion  in  their  first 
vote,  and  there  was  no  occasion  for  a  second  rally. 

2.  Many  were  intimidated  by  threats  and  proscrip- 
tions ;  others  were  purchased,  and  many  were  de- 
ceived. The  ignorant  were  carefully  instructed  in 
many  particulars,  which  the  minority  were  interest- 
ed in  promulgating.  They  were  told  that  this  Con- 
stitution was  just  about  the  same  as  the  People's ; 
and  if  they  did  not  accept  it,  their  lords  and  masters 
would  be  terribly  angry,  and  would  not  let  them 
have  anymore  making  of  shoes  and  coats,  nor  watch- 
ing of  nights,  nor  tending  of  machinery,  nor  measur- 
ing of  tape,  nor  preaching  of  sermons,  nor  lighting 
of  street  lamps,  to  do  at  any  rate,  whatever.  These 
suggestions  were  but  too  successfully  employed ;  for 
the  awful  frown  of  the  General  Assembly,  and  the 
disapprobation  of  Freemen,  had  not  yet  lost  their 
terrors  to  the  bondmen  of  Rhode  Island. 

3.  The  basis  of  Suffrage  in  the  Landholders' 
Constitution,  was  not  so  broad  as  that  of  the  Peo- 
ple's ;  so  that  many  who  had  voted  in  favor  of  the 
last,  were  not  qualified  to  vote  against  the  first. 

I  will  now  give  some  of  the  reasons  why  they 
did  vote  against  it. 

1.  The  Landholders'  Constitution  contains  no  of- 
fering of  gratitude  to  the  Supreme  Being  —  no  ac- 
knowledgment of  his  power  —  no  allusion  to  our 
venerated  Ancestors,  to  whom  the  spirit  of  the  Lord 
was  as  a  pillar  of  fire,  leading  them  in  safety  through 
the  howling  wilderness,  and  who  testified  their  sense 
of  his  paternal  guidance,  in  the  name  which  they 
gave  to  their  city  of  Refuge,  when  first  they  knelt 
upon  the  cold  earth,  sealing  the  baptism  with  min- 
gled tears  of  faith,  and  hope,  and  joy ;  and  conse- 
crating all  the  land  to  soul-liberty.  It  is  good  to 
remember  these  things ;  but  especially  is  it  good  to 
connect  them  with  any  great  public  act,  which  in- 
volves consequences  that  will  be  infinite  in  their 


164  MIGHT    AND     RIGHT. 

extent  —  through  all  posterity.  The  name  of  Roger 
Williams,  so  associated  with  our  Bill  of  Rights,  would 
paralyse  the  impious  hand  that  sought  to  curtail  them, 
and  would  quicken  the  true  heart,  nerve  the  strong 
hand,  and  elevate  the  soul  to  do,  to  dare,  and  to  be, 
all  that  is  bound  up  in  that  word  of  deep,  and  fearful, 
and  mysterious  import  —  Man. 

2.  It  does  not  recognise  the  Natural  Rights  of  Man, 
nor  the  Sovereignty  of  the  People,  nor  the  just  foun- 
dation of  Government  in  their  will. 

It  was  moved  by  Mr.  Dorr,  who  was  a  mem- 
ber of  the  Landholders'  Convention,  that  two 
sections  should  be  added  to  the  *  first  article,  which 
declared  "  certain  constitutional  rights  and  princi- 
ples," namely: 

1.  "  All  men  are  created  free  and  equal,  and  en- 
dowed by  their  Creator  with  certain  natural,  inhe- 
rent, and  inalienable  rights,  among  which  are  life, 
liberty,  the  acquisition  of  property,  and  the  pursuit 
of  happiness. 

2.  "  All  political  power  and  sovereignty,  are, 
originally  vested  in,  and  of  right  belong  to  the  Peo- 
ple." 

These  sections  correspond  with  the  first  and  second 
sections  of  the  Declaration  of  1790.  But  the  "  greater 
lights  "  of  the  Oligarchy  objected  to  the  principles, 
as,  "  unnecessary,  improper,  and  not  strictly  true.71 
The  principles  of  the  Declaration  of  Independence 
were  represented  as  abstractions,  which  had  nothing 
to  do  with  practice,  and  no  connection  with  fact. 
But,  had  they  no  connection  with  the  practice  of 
our  Revolutionary  Fathers  ?  Were  they  mere  ab- 
stractionists, who  spouted  forth  a  theory,  merely  for 
the  purpose  of  cutting  "rhetorical  flourishes,"  with- 
out supposing  any  necessary  connection  between 
that  and  their  subsequent  action  ?  Then  were  they 
not  only  fools,  but  arrant  knaves ;  and  it  has  been 


MIGHT    AND     RIGHT.  165 

left  to  the  acumen  of  Rhode  Island  sages  to  discover, 
and  publish  the  fact. 

It  was  further  objected  that  these  principles  were 
of  no  use,  whatever,  in  a  Constitution,  but  to  give 
countenance  to  revolution  ;  and  that  all  the  States 
that  had  adopted  them  had  subsequently  given  them 
the  lie.  The  Natural  Rights  of  Man  were  not 
acknowledged.  The  extension  of  Suffrage  was  not 
considered  a  question  of  right,  but  merely  of  expedi- 
ency. The  motion  of  Mr.  Dorr  was  promptly  voted 
down  ;  and  the  Landholders  were  prudently  silent 
concerning  the  Rights  of  Man. 

3.  It  was  exceedingly  unequal  in  the  privileges  it 
bestowed  upon  American  citizens,  the  Freeholders 
still  constituting  a  favored  class  ;  who  were,  in  many 
cases,*  allowed  to  vote  taxes,  without  paying  them. 
The  privilege  of  the  oldest  son  was  also  unnecessa- 
rily continued. 

4.  It  made  an  unnecessary,  unwise,  and  unjust 
distinction,  (unknown  in  any  other  State  of  the 
Union,)  between  naturalized  and  other  citizens  ; 
requiring  of  the  former  three  years  residence  (in, 
addition  to  the  five  required  by  the  Law  of  the 
United  States,)  and  a  real  estate  in  the  town  where 
they  should  offer  to  vote. 

Why,  let  me  ask,  why  was  this  strange  jealousy — 
this  unjust,  this  unreasonable  distrust  of  foreigners, 
which  has  prevailed  too  much  in  Rhode  Island  ? 
What  could  they  fear  by  admitting  foreigners,  prop- 
erly qualified,  to  the  elective  franchise  ?  Is  the  fact 
that  they  have  expatriated  themselves  from  their 
own  country,  whose  every  growing  tendril  was  en- 
twined with  their  very  heart-strings,  because  they 
could  not  longer  succumb  to  the  galling  yoke, 
or  prostitute  their  manhood  on  the  altar  of  des- 
potism, any  evidence  that  they  cannot  appreciate 
liberty  here  ?  They  hear  great,  perhaps  exaggera- 
ted stories  of  our  freedom,  and  the  advantages  ex^ 


166  MIGHT    AND    RIGHT. 

tended  to  emigrants ;  and  they  come   here,  hope* 
winged,  as  to 

"  The  land  of  the  brave,  the  home  of  the  free." 

They  come  and  settle  permanently  among  ns  ; 
and,  by;perseverence  and  industry,  they  not  unfre- 
quently  support  themselves  with  credit,  and  rear 
their  children  in  such  manner  as  to  render  them 
useful  members  of  society.  There  is  an  insidious 
charge  often  made  against  foreigners,  of  poverty, 
and  ignorance,  and  incapacity  to  understand  or  ap- 
preciate the  blessings  of  liberty  ;  and,  therefore,  that 
they  are  fit  only  to  be  made  the  tools  of  designing 
politicians.  Have  we  forgotten  that  the  son  of  poor 
Irish  emigrant  parents  was  but  lately  twice  elected 
the  head  of  the  nation  ?  Have  we  forgotten  that 
poor,  oppressed,  down-trodden  Ireland  gave  us  a 
McDonough,  and  a  Barry,  to  rock  the  cradle  of  our 
infant  Navy ;  a  Montgomery  to  die  beneath  the 
walls  of  Quebec  ?  That  she  gave  us  a  Stark,  a 
Sullivan,  a  Jackson,  a  Jasper,  and  a  Scammel ;  a 
Carroll,  a  Smith,  a  Taylor,  and  a  Thornton,  who 
pledged  their  lives,  their  fortunes,  and  their  sacred 
honor,  to  sustain  the  Declaration  of  our  Fathers  ? 
What  are  McPherson,  DeKalb,  Gates,  Stewart,  Lee, 
Pulaski,  St.  Clair,  Hamilton,  Baron  Steuben,  Roch- 
ambeau,  Chastellux,  DeGrasse,  Kosciusko,  and  La 
Fayette,  but  the  names  of  foreigners  ?  They 
were  foreigners  ;  but  they  fought  for  us  ;  and,  had 
it  not  been  for  their  assistance,  our  struggle  must 
have  been  ineffectual.  And  is  nothing  due  to  them, 
and,  through  them,  to  their  fellow-countrymen  ?  Is 
nothing  due  to  the  Freedom  for  which  they  fought 
and  bled  ? 

Shall  we  forget  the  more  than  Spartan  valor  — 
the  greater  than  Roman  virtue  —  of  the  little  band 
of  Irishmen,  who,  in  the  Revolutionary  War,  left 
their  homes,  their  happy  firesides,  and  the  embraces 


MIGHT    AND     RIGHT.  167 

of  their  wives  and  children,  for  the  defence  of  Phila- 
delphia ?  They  went  with  naked  feet  that  left  tracks 
of  blood  along  the  wintry  way.  And  when  Phila- 
delphia, to  her  everlasting  shame,  had,  of  all  her  ex- 
ceeding wealth,  doled  out  to  her  brave  defenders, 
and  their  starving  families,  a  poor  five-hundred 
dollars,  did  they  attempt  to  escape  from  the  service 
of  their  ungrateful  adopted  country?  No.  With 
true  Irish  hearts  they  had  wedded  freedom  ;  and 
they  now  refused  to  divorce  her  ?  They  left  deep 
stains  of  blood,  and  dead  bodies,  to  be  mute  wit- 
nesses of  their  devotion,  and  their  truth.  Lord 
Howe,  the  British  General,  hearing  of  their  exceed- 
ing ill-treatment,  sent  messengers  to  the  poor  naked, 
starving  Hibernians,  to  extend  to  them  pardon  for 
all  past  offences  —  to  invite  them  to  return  from 
feeding  on  husks  to  the  feast  of  fat  things,  which 
should  be  provided  under  the  renewed  favor  of  their 
royal  master.  And  how  did  they  receive  these  mes- 
sengers ?  They  rejected  with  scorn  the  most  allur- 
ing promises.  They  clung  to  poverty,  starvation, 
nakedness,  and  ingratitude.  There  was  no  Judas  — 
no  Arnold  among  them.  That  band  of  poor,  neg- 
lected, hungry,  naked,  forlorn  Irishmen,  trampled 
the  glittering  coin  beneath  their  feet,  and  told  their 
destined  purchasers,  that  Manhood  was  not  a  com- 
modify  —  it  could  not  be  bought.  And  do  we  owe 
nothing  to  Ireland,  and  to  Irishmen,  for  the  sake  of 
these  ? 

But  I  doubt  the  policy,  as  well  as  the  right,  of 
that  principle  of  action,  which  would  prevent  "  our 
country,"  from  becoming  "  everybody's  country." 
Lord  Bacon,  who  was  a  man  certainly  not  inferior 
in  wisdom  even  to  our  greatest  men,  says  :  "  By 
those  States  that  have  easily  and  liberally  communi- 
cated the  rights  of  citizenship,  greatness  has  been 
most  successfully  acquired.  No  commonwealth 
opened  its  bosom  so  wide  for  the  reception  of  new 


168  MIGHT    AND    RIGHT. 

citizens,  as  the  Commonwealth  of  Rome.  The  for- 
tune of  the  Empire  was  correspondent  to  the  wisdom 
of  the  Earth.  It  was  their  custom  to  confer  the 
right  of  citizenship  in  the  most  speedy  manner.  I 
mean  not  only  the  right  of  commerce  —  the  right  of 
marriage  —  but  the  right  of  Suffrage  —  and  the 
right  to  the  offices  and  honors  of  the  republic." — 1 
Ld.  Bacon,  p.  245. 

Let  America,  then,  still  continue  to  be  the  M  Nurs- 
ing-Mother of  Nations."  Let  the  poor  and  the  op- 
pressed of  every  clime,  flock  to  her  widely-stretching 
arms.  She  will  embrace  them  warmly,  and  cherish 
them  fondly ;  for  her  high  prerogative  is  the  mater- 
nity of  the  world. 

5.  The  irregular  and  unlimited  power  of  the  Assem- 
bly over  the  Judiciary  was  continued,  together  with  a 
right  of  jurisdiction  in  divorces,  insolvent  petitions, 
and  other  matters,  whose  settlement  belongs  properly 
to  the  courts  of  law. 

6.  It  destroyed  the  majority  principle.  It  was  a 
continuance  of  the  old  Rotten  Borough  system.  The 
Senate  and  House  of  Representatives  under  it,  would 
each,  have  been  chosen  by  less  than  one-third  of  the 
population. 

7.  It  makes  the  Government  the  master,  and  not 
the  servant  of  the  people,  as  it  should  do. 

8.  It  gives  the  Legislature  power  to  extend  Suf- 
frage for  particular  purposes,  and  on  conditions  not 
recognized  by  the  Constitution. 

9.  It  vested  in  the  Legislature  the  pardoning 
power ;  and  not  in  the  Executive;  as  it  should  do. 

In  favor  of  the  opinion  that  this  power  should  be 
vested  in  the  Chief  Magistrate,  Mr.  Hamilton  gives 
the  following  excellent  reasons. 

"  Humanity  and  good  policy  conspire  to  dictate, 
that  the  benign  prerogative  of  pardoning,  should  be, 
as  little  as  possible,  fettered  or  embarrassed.  The 
criminal  code  of  every  country  partakes  so  much  of 


MIGHT    AND     RIGHT.  1G9 

unnecessary  severity,  that  without  an  easy  access  to 
exceptions  in  favor  of  unfortunate  guilt,  justice  would 
wear  a  countenance  too  sanguinary  and  cruel.  As 
the  sense  of  responsibility  is  always  strongest  in  pro- 
portion, as  it  is  undivided,  it  may  be  inferred,  that  a 
single  man  would  be  most  ready  to  attend  to  the 
force  of  those  motives,  which  might  plead  for  a  miti- 
gation of  the  rigor  of  the  law,  and  least  apt  to  yield 
to  considerations  which  were  calculated  to  shelter  a 
fit  object  of  its  vengeance.  The  reflection  that  the 
fate  of  a  fellow-creature  depended  on  his  sole  fiat, 
would,  naturally,  inspire  scrupulousness  and  caution  : 
the  dread  of  being  accused  of  weakness  or  conni- 
vance, would  beget  equal  circumspection,  though  of 
a  different  kind.  On  the  other  hand,  as  men  gene- 
rally dcriv/e  confidence  from  their  numbers,  they 
might  often  encourage  each  other  in  an  act  of  obdu- 
racy, and  might  be  less  sensible  to  the  apprehension 
of  censure  for  an  injudicious  or  affected  clemency. 
On  these  accounts,  one  man  appears  to  be  a  more  eli- 
gible dispenser  of  the  mercy  of  government,  than  a 
body  of  men." — Federalist,  No.  74,  p.  402. 

10.  Under  the  pretence  of  keeping  out  naturalized 
citizens,  the  Rotten  Borough  Constitution  revives  the 
old  practice  of  qualifying  with  land  on  election  day  ; 
and  a  door  is  opened  to  great  frauds.  The  People's 
Constitution  gives  to  the  naturalized  citizen  who  has 
resided  the  fixed  time,  his  right  of  suffrage  ;  and 
protection  from  improper  influence  by  securing  to 
him  the  vote  by  ballot.  The  Rotten  Borough  Con- 
stitution requires  of  him  a  real  estate  of  $134;  and 
as  soon  as  he  gets  it  he  is  a  voter  "  therefrom  ;"  and 
he  votes  without  ballot,  without  protection.  He  also 
votes  taxes  without  paying  taxes.  The  employer 
looks  round  and  sees  who  will  take  a  deed  for  a  day, 
(no  previous  recording  being  necessary,)  and  thus 
extends  suffrage  at  pleasure.  He  is  secure  in  doing 
this ;  for  the  voter  thus  qualified  can  vote  only  in 
15 


168  MIGHT    AND    RIGHT. 

citizens,  as  the  Commonwealth  of  Rome.  The  for- 
tune of  the  Empire  was  correspondent  to  the  wisdom 
of  the  Earth.  It  was  their  custom  to  confer  the 
right  of  citizenship  in  the  most  speedy  manner.  I 
mean  not  only  the  right  of  commerce  —  the  right  of 
marriage  —  but  the  right  of  Suffrage — and  the 
right  to  the  offices  and  honors  of  the  republic." — 1 
Ld.  Bacon,  p.  245. 

Let  America,  then,  still  continue  to  be  the  "  Nurs- 
ing-Mother of  Nations."  Let  the  poor  and  the  op- 
pressed of  every  clime,  flock  to  her  widely-stretching 
arms.  She  will  embrace  them  warmly,  and  cherish 
them  fondly ;  for  her  high  prerogative  is  the  mater- 
nity of  the  world. 

5.  The  irregular  and  unlimited  power  of  the  Assem- 
bly over  the  Judiciary  was  continued,  together  with  a 
right  of  jurisdiction  in  divorces,  insolvent  petitions, 
and  other  matters,  whose  settlement  belongs  properly 
to  the  courts  of  law. 

6.  It  destroyed  the  majority  principle.  It  was  a 
continuance  of  the  old  Rotten  Borough  system.  The 
Senate  and  House  of  Representatives  under  it,  would 
each,  have  been  chosen  by  less  than  one-third  of  the 
population. 

7.  It  makes  the  Government  the  master,  and  not 
the  servant  of  the  people,  as  it  should  do. 

8.  It  gives  the  Legislature  power  to  extend  Suf- 
frage for  particular  purposes,  and  on  conditions  not 
recognized  by  the  Constitution. 

9.  It  vested  in  the  Legislature  the  pardoning 
power ;  and  not  in  the  Executive;  as  it  should  do. 

In  favor  of  the  opinion  that  this  power  should  be 
vested  in  the  Chief  Magistrate,  Mr.  Hamilton  gives 
the  following  excellent  reasons. 

"  Humanity  and  good  policy  conspire  to  dictate, 
that  the  benign  prerogative  of  pardoning,  should  be, 
as  little  as  possible,  fettered  or  embarrassed.  The 
criminal  code  of  every  country  partakes  so  much  of 


MIGHT    AND     RIGHT.  1G9 

unnecessary  severity,  that  without  an  easy  access  to 
exceptions  in  favor  of  unfortunate  guilt,  justice  would 
wear  a  countenance  too  sanguinary  and  cruel.  As 
the  sense  of  responsibility  is  always  strongest  in  pro- 
portion, as  it  is  undivided,  it  may  be  inferred,  that  a 
single  man  would  be  most  ready  to  attend  to  the 
force  of  those  motives,  which  might  plead  for  a  miti- 
gation of  the  rigor  of  the  law,  and  least  apt  to  yield 
to  considerations  which  were  calculated  to  shelter  a 
fit  object  of  its  vengeance.  The  reflection  that  the 
fate  of  a  fellow -creature  depended  on  his  sole  fiat, 
would,  naturally,  inspire  scrupulousness  and  caution  : 
the  dread  of  being  accused  of  weakness  or  conni- 
vance, would  beget  equal  circumspection,  though  of 
a  different  kind.  On  the  other  hand,  as  men  gene- 
rally deriv/e  confidence  from  their  numbers,  they 
might  often  encourage  each  other  in  an  act  of  obdu- 
racy, and  might  be  less  sensible  to  the  apprehension 
of  censure  for  an  injudicious  or  affected  clemency. 
On  these  accounts,  one  man  appears  to  be  a  more  eli- 
gible dispenser  of  the  mercy  of  government,  than  a 
body  of  men.'- — Federalist,  No.  74,  p.  402. 

10.  Under  the  pretence  of  keeping  out  naturalized 
citizens,  the  Rotten  Borough  Constitution  revives  the 
old  practice  of  qualifying  with  land  on  election  day  ; 
and  a  door  is  opened  to  great  frauds.  The  People's 
Constitution  gives  to  the  naturalized  citizen  who  has 
resided  the  fixed  time,  his  right  of  suffrage  ;  and 
protection  from  improper  influence  by  securing  to 
him  the  vote  by  ballot.  The  Rotten  Borough  Con- 
stitution requires  of  him  a  real  estate  of  $134;  and 
as  soon  as  he  gets  it  he  is  a  voter  u  therefrom  ;"  and 
he  votes  without  ballot,  without  protection.  He  also 
votes  taxes  without  paying  taxes.  The  employer 
looks  round  and  sees  who  will  take  a  deed  for  a  day, 
(no  previous  recording  being  necessary,)  and  thus 
extends  suffrage  at  pleasure.  He  is  secure  in  doing 
this ;  for  the  voter  thus  qualified  can  vote  only  in 
15 


172  MIGHT    AND     RIGHT. 

CHAPTER  IX. 

THE  ALGERINE  LAWS. 

At  an  adjourned  session  of  the  General  Assembly, 
March  30th,  Mr.  Atwell  brought  in  a  Bill  on  his  own 
responsibility,  proposing  to  submit  the  People's  Con- 
stitution to  the  same  body  who  had  voted  on  the 
Landholders'  —  if  adopted,  it  might  become  the  law 
of  the  land.  If  rejected,  the  matter  ended.  He 
thought  it  would  heal  all  difficulties.  The  State 
had  been  divided  on  the  important  question,  whether 
the  sovereignty  was  in  the  people,  or  in  the  Legisla- 
ture. The  Assembly  were  asked  to  submit  this  Con- 
stitution to  the  people.  It  was  a  mere  request  to  the 
people  to  vote  for,  or  against,  a  Constitution.  This 
very  Assembly,  chosen  by  the  Freemen,  had  author- 
ised a  Constitution  to  be  put  forth,  by  a  body  of  men 
as  large  again,  perhaps,  as  the  Freemen.  They  were 
only  asked  to  do  the  same  thing  again. 

Mr.  Randolph  objected  to  the  Bill,  on  the  ground 
that  the  sovereignty  existed  in  the  Freemen,  and  not 
in  the  people  at  large  ;  that  those  were  the  legal  peo- 
ple ;  and  no  act  could  be  legal  or  justifiable,  unless 
sanctioned  by  them.  He  thought  it  would  be  an 
imposition  to  submit  this  Constitution  to  the  people. 

What  can  be  understood  by  this,  but  that  the  le- 
gality of  any  measure  depended  upon  the  will  of 
the  General  Assembly,  and  nothing  else  ?  That  body 
had  all  necessary  power  to  qualify  others  than  free- 
holders, to  vote  on  their  own  Constitution ;  but  they 
had  no  power  to  provide  that  the  same  persons  should 
vote  on  the  People's  Constitution.  VVhere  was  the 
foundation  of  power  in  the  one  case,  and  want  of  it 
in  the  other  ?  In  the  omnipotent  will  of  the  Legis- 
lature. Mr.  Atwell's  bill  was  lost  by  a  majority  of 
fifty-nine  to  three. 


MIGHT    AND     RIGHT.  173 

Mr.  Mathewson  introduced  a  resolution,  reciting 
the  events  connected  with  the  two-fold  expression  of 
the  popular  will,  and  proposing  that  a  committee  be 
raised,  and  instructed  "  to  report  to  this  Assembly,  a 
statement  of  all  the  important  facts  connected  with 
the  formation  and  rejection  of  said  Constitution ; 
and  to  report  their  opinion,  whether  any  legislation 
is  necessary  on  the  subject ;  and,  if  any,  what." 
The  resolution  passed  unanimously. 

Thursday  morning,  March  31,  Mr.  Atwell  asked 
leave  to  withdraw  the  resolutions  of  yesterday,  and 
submit  the  following.  "  Whereas,  a  joint  committee 
has  been  appointed  by  this  General  Assembly,  at  the 
present  session,  among  other  things,  instructed  to 
report  to  this  General  Assembly,  a  statement  of  all 
the  important  facts  connected  with  the  formation 
and  rejection  of  the  Constitution,  lately  rejected  by 
the  people  of  this  State,  in  order  that  the  people  may 
be  accurately  informed,  as  far  as  practicable,  of  the 
facts  which  led  to  its  rejection ;  and,  whereas,  it  is 
equally  important  that  the  people  of  this  State  should 
know,  as  far  as  practicable,  the  whole  truth  in  the 
premises,  and  should  be  informed  as  to  the  various 
means  used  to  secure  its  adoption,  as  well  as  rejec- 
tion ;  whereupon, 

Resolved,  That  said  Committee  be  further  in- 
structed, to  inquire,  and  to  report  to  this  General  As- 
sembly, what  improper  means  were  used,  (if  any,) 
to  influence  the  people  of  this  State  in  voting  for,  or 
against  said  Constitution,  with  power  to  send  for 
persons  or  papers. 

This  resolution  was  laid  on  the  table  for  the  con- 
sideration of  the  Speaker  on  a  point  of  order.  On 
being  called  up  again,  the  Speaker  decided  against 
it,  as  being  the  same  as  that  of  Mr.  Mathewson. 
The  motion  was  lost  by  a  majority  of  59  to  7* 

April  1,  Mi\  Barber  from  the  committee  to  whom  was  referred 
the  joint  resolution  requiring  all  the  facts  relating  to  the  rejec- 

15* 


174  MIGHT    AND    RIGHT. 

tion  of  the  late  Constitution,  and  to  enquire  what  legislation  is 
now  necessary,  reported, 

That  those  opposed  to  that  Constitution,  had  falsely  represented 
this  government  to  be  an  aristocracy,  while  in  fact  it  was  a  demo- 
cracy. That  a  portion  of  the  state  was  dissatisfied  with  the  ine- 
quality of  representation. 

That  the  Assembly  had  ever  shown  a  disposition  to  encourage 
the  formation  of  a  Constitution.  It  recited  the  attempts  of  Mr. 
Pearce  and  Mr.  Dorr,  at  different  times,  to  extend  suffrage.  It 
further  gave  an  historical  account  of  the  action  of  the  Assembly 
for  a  long  period,  in  relation  to  a  Constitution,  and  particularly  in 
relation  to  the  petitions,  debates,  and  legislation  in  reference  to 
the  last  Constitution. 

It  characterised  the  movements  of  the  Suffrage  Party,  as  revo- 
lutionary and  illegal,  and  in  disregard  of  the  fundamental  laws  of 
the  State,  for  200  years,  requiring  a  freehold  to  vote. 

The  People's  Constitution  was  formed  by  a  minority  of  the 
people,  only  7,000.  The  unlawful  convention  acted  without  law 
and  against  law.  They  formed  and  voted  for  their  Constitution 
illegally,  and  illegally  declared  it  to  be  the  supreme  law. 

The  legal  convention  in  a  proper  manner  put  forth  their  Consti- 
tution to  the  people. 

The  history  of  the  subsequent  debates  and  resolutions  of  the 
assembly  were  then  recited,  and  the  various  propositions  of  Mr. 
At  well,  were  adverted  to. 

The  People's  Constitution  was  considered  merely  as  indicating 
the  wishes  of  the  people  for  an  extension  of  suffrage. 

It  was  expected  that  the  people  would  have  received  the  Con- 
stitution in  the  same  spirit  in  which  it  was  offered.  But  misre- 
presentations were  used  to  defeat  that  Constitution. 

It  commented  in  severe  terms  on  the  motives  of  the  Suffrage 
men,  and  characterised  them  as  deluded  men. 

The  report  was  very  lengthy,  and  closed  by  directing  a  pro- 
clamation to  be  issued,  and  that  the  report  and  proclamation  be 
published  in  all  the  papers. 

The  Committee,  it  was  evident,  had  only  reported 
the  facts  which  led  to  votes  against  it,  and  stated 
nothing  of  efforts  made  for  it.  They  olid  not  state 
the  plain  reasons  that  operated  against  it.  They  did 
not  give  the  greatest  of  all  objections,  that  it  placed 
the  power  in  the  hands  of  the  minority,  and  that  the 
extension  of  Suffrage  was  deceptive.  They  said  no- 
thing of  the  fact,  that  the  people  were  told  that  they 
would  not  have  the  privilege  of  hearing  arms  under 
the  People's  Constitution  —  an  argument  that  was 


MIGHT    AND     RIGHT.  172T 

frequently  and  profitably  used.  They  said  nothing 
of  the  great  number  of  Petitions,  and  the  action  in 
relation  to  Suffrage. 

Hazard's  insulting  Report,  in  which  2000  Memo- 
rialists, who  announced  themselves  as  permanent  re- 
sidents of  the  State,  were  designated  as  "aliens" 
as  "  loose  and  floating  population,"  and  thus  stigma- 
tised as  liars,  was  probably  one  of  the  conciliatory 
measures  of  the  General  Assembly.  What  must  the 
severity  of  that  august  body  be,  if  such  are  its  con- 
ciliatory measures ;  or  what  could  the  people  expect 
from  them,  whose  tender  mercies  are  cruel  ? 

Mr.  Randolph  said ;  "  that  Report  was  able,  and 
silenced  the  agitation  for  an  extension  of  Suffrage. 
That  Report  was  made  soon  after  the  Convention 
had  decided,  with  only  7  votes  in  opposition,  that 
there  should  be  no  extension  of  Suffrage." 

What  a  precious  confession  was  that !  and  yet, 
what  schoolboy  would  have  been  so  weak  as  to  make 
it  ?  And  that,  too,  in  connection  with  the  debate  on 
the  Report  of  the  Enquiring  Committee.  By  it  Mr. 
Randolph  gave  the  lie  to  the  Committee  who  pre- 
pared the  Report  —  to  the  Assembly  who  adopted  it, 
'he  assumed  the  lie  himself!  The  Committee  said 
the  measures  of  the  Assembly  had  been  conciliatory. 
The  Assembly  adopted  that  assertion  ;  yet  the  hon- 
orable gentleman  showed  forth  one  of  their  chief 
measures,  in  the  true  Rhode  Island  Algerine  spirit  — 
The  People's  cries  for  Right  were  SILENCED  ! !  ! 
An  almost  unanimous  Convention  had  decided  that 
there  should  be  NO'  EXTENSION  OF  SUF- 
FRAGE !  ! ! 

The  Committee  never  reported  that  all  those  Con- 
ventions were  exclusive  in  their  character — that 
from  them  the  great  body  of  the  People  were  always 
cast  out ;  that  the  People  were  neither  admitted,  nor 
represented  ;  that  the  Conventions  never  acted 
with  regard  to  the  Right  op  the  Majority,  but  only 


176  MIGHT    AND    RIGHT. 

in  regard  to  the  Privileges  of  the  Minority  !  And 
such  only  has  been  the  course  of  action  of  this 
State. 

Strengthened  in  audacity  by  its  own  conscious 
omnipotence,  falsehood  had  become  a  familiarly-worn 
and  well  fitting  garment ;  the  Government  of  Rhode 
Island  stood  above  question,  and  beyond  censure. 
It  felt  no  obligations  to  be  either  just,  or  true,  any 
farther  than  self-interest  swayed.  It  called  itself  Re- 
publican. It  told  the  people  they  were  free  ;  and  it 
could  no  more  be  questioned  for  the  falsehood  that 
was  incorporated  into  its  character,  than  Bacchus 
might  be  called  in  question  for  drunkenness,  or 
Jupiter  for  licentiousness  !  It  contained  within  itself 
all  the  elements  of  despotism.  It  was  none  the  bet- 
ter that  it  had  many  Favorites,  instead  of  few.  It  was 
none  the  better  that  there  were  many  Despots,  instead 
of  one.  It  was  only  worse  ;  as  a  HYDRA  is  more  hi- 
deous and  abominable  than  a  one-headed  monster  ! 
It  stood  forth  to  the  world  a  Whited  Sepulchre  — 
without,  goodly  and  fair  to  look  upon ;  but  within 
was  rottenness  —  the  decaying  elements  of  murdered 
Liberty ! 

In  the  afternoon,  Mr.  Keech,  of  Burrillville,  offered 
a  Bill  providing  for  the  repeal  of  the  present  election 
law ;  and  that  the  next  election  of  officers  be  holden 
according  to  the  provisions  of  the  People's  Consti- 
tution. 

Mr.  Atwell  hoped  the  Bill  would  be  withdrawn ; 
he  did  not  think  it  the  best  means  of  quieting  the 
State. 

Mr.  Keech  said  that  the  friends  of  the  last  Con- 
stitution put  the  question  on  the  ground,  that  it  was 
a  choice  between  the  two  Constitutions,  and  he  read 
resolutions  passed  in  the  city  of  Providence,  by  the 
friends  of  the  Landholders'  Constitution,  setting  forth 
that  we  could  not  fall  back  on  the  Charter,  but 
that   the  question  was,  whether  the    Landholders' 


177 

Constitution  should  be  adopted,  or  the  People's  Con- 
stitution carried  into  effect. 

The  Bill  was  lost,  by  a  majority  of  52,  against.  2. 

Mr.  Atwell  called  up  his  Bill  to  put  the  People's 
Constitution  to  the  people  who  voted  on  the  last,  to 
be  voted  on  again. 

Mr.  A.  said  this  appeared  to  him  to  be  the  best  and 
the  only  way  of  settling  the  question  —  let  this  Con- 
stitution go  to  the  people,  the  only  rightful  power  to 
decide  on  this  question.  If  it  is  voted  for  by  a  ma- 
jority, it  will,  on  the  principles  of  the  Assembly,  be 
the  law  of  the  land ;  if  rejected,  on  the  principles  of 
Suffrage  men,  it  will  not  be  the  law. 

There  can  be  no  doubt  as  to  the  power  of  the  As- 
sembly to  do  this.  The  law  derives  all  its  force 
from  the  ratification  of  the  people,  no  matter  who 
proposes  it. 

Let  us  not  give  the  people  room  to  say  that  we 
fear  the  authentic  will  of  the  people  will  become  the 
law  of  the  land.  If  adopted  it  settles  the  question  ; 
if  rejected  it  settles  the  question. 

There  will  then  be  no  need  of  the  bill  of  pains  and 
penalties  that  may  cause  losses  and  troubles  to  many 
of  our  citizens,  and  may  cause  much  trouble  in  the 
State. 

The  Bill  was  lost  by  a  majority  of  59  to  3. 

Mr.  Burgess,  of  Providence,  then  submitted  a  Bill, 
extending  Suffrage  to  the  same  extent,  as  was  pro- 
posed in  the  Landholders'  Constitution  —  read,  and 
laid  on  the  table  for  a  second  reading. 

April  2d,  the  Act  in  relation  to  offences  against 
the  sovereign  power  of  the  State,  better  known  as 
the  Algerine  Laws,  was  brought  up,  and  passed,  by 
a  majority  of  60  to  6.  Messrs.  At  well,  W.  S.  Bur- 
gess, Gavitt,  Keech,  Thurston,  and  Walling,  voting 
against  the  Bill.  I  give  their  names,  that  so  long  as 
time  lasts,  they  may  be  honored  as  the  Rhode  Island 


178  MIGHT    AND    RIGHT. 

"  Council  of  Six,"  who  stood  up  in  the  strength  of 
freedom,  and  of  manhood,  against  the  host  of  ty- 
rants. 

The  following  is  a  copy  of  the  Algerine  Laws,  and 
of  the  Resolutions  which  accompanied  them. 

Resolved,  That  his  Excellency  the  Governor,  be  requested  to 
issue  his  proclamation  to  the  good  people  of  this  State,  exhorting 
them  to  give  no  aid  or  countenance  to  those  who,  in  violation  of 
the  law,  may  attempt  to  set  up  a  government  in  opposition  to  the 
existing  government  of  this  State,  and  calling  upon  them  to  sup- 
port the  constituted  authorities  for  the  preservation  of  the  public 
peace,  and  the  execution  of  those  laws  on  which  the  security  of 
all  depends. 

Resolved,  That  the  report,  and  the  act  accompanying,  be  pub- 
lished in  all  the  newspapers  in  this  state,  that 
copies  be  printed  in  pamphlet  form,  and  that  the  Secretary  of 
State  cause  the  same  to  be  forthwith  distributed  in  the  several 
town  of  this  State  and  the  city  of  Providence,  and  that 
copies  of  the  same  be  sent  to  the  Governors  of  each  State,  and  a 
copy  each  to  the  President,  Vice  President,  members  of  the  Cab- 
inet, Senators  and  members  of  the  House  of  Representatives  of 
the  United  States. 

Resolved,  That  his  Excellency  be,  and  he  is  hereby  authorised 
to  adopt  such  measures  as  in  his  opinion  may  be  necessary  in  the 
recess  of  this  legislature,  to  execute  the  laws  and  preserve  the 
state  from  domestic  violence,  and  that  he  be,  and  is  hereby  au- 
thorised to  draw  on  the  General  Treasurer  for  such  sums  as  may 
be  required  for  these  purposes. 

AN  ACT  in  relation  to  offences  against  tJie  Sovereign  power  of 
this  State, 
Whereas,  in  a  free  government  it  is  especially  necessary  that 
the  duties  of  the  citizen  to  the  constituted  authorities  should  be 
plainly  defined,  so  that  none  may  confound  our  regulated  Ameri- 
can liberty  with  unbridled  license ;  and  whereas,  certain  artful 
and  ill-disposed  persons,  have  for  some  time  past,  been  busy  with 
false  pretences  amongst  the  good  people  of  this  state,  and  have 
formed  and  are  now  endeavoring  to  carry  through  a  plan  for  the 
subversion  of  our  government  under  assumed  forms  of  law,  but  in 
plain  violation  of  the  first  principles  of  constitutional  right,  and 
many  have  been  deceived  thereby  :  and  whereas  this  General  As- 
sembly at  the  same  time  that  it  is  desirous  to  awaken  the  honest 
and  well  meaning  to  a  sense  of  their  duty,  is  resolved  by  all  ne- 
cessary means  to  guard  the  safety  and  honor  of  the  state,  and 
overlooking  what  is  past,  to  punish  such  evil  doers  in  future,  in  a 
manner  due  to  their  offences  : 


MIGHT    AND    RIGHT.  179 

Be  it  enacted  by  the  General  Assembly,  as  follows : 

Section  1.  All  town,  ward  or  other  meetings  of  the  freemen, 
inhabitants  or  residents  of  this  state,  or  of  any  portion  of  the 
same,  for  the  election  of  any  town,  county  or  state  officer  or  offi- 
cers, called  or  held  in  any  town,  of  this  state  or  in  the  city  of 
Providence,  except  in  the  manner,  for  the  purposes,  at  the  times, 
and  by  the  freemen  by  law  prescribed,  are  illegal  and  void :  and 
that  any  person  or  persons  who  shall  act  as  moderator  or  modera- 
tors, warden  or  wardens,  clerk  or  clerks,  in  such  pretended  town, 
ward  or  other  meetings  hereafter  to  be  held,  or  in  any  name  or 
manner  receive,  record,  or  certify  votes  for  the  election  of  any 
pretended  town,  county  or  state  officers,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  be  punished  by  indictment  with  a  fine  not 
exceeding  one  thousand  nor  less  than  five  hundred  dollars,  and 
be  imprisoned  for  the  term  of  six  months :  Provided  however,  that 
this  act  is  not  intended  to  apply  to  cases,  in  which,  by  accident  or 
mistake,  some  prescribed  form  or  forms  of  calling  town  or  ward 
meetings  of  the  freemen  of  the  several  towns  of  this  State,  and 
of  the  city  of  Providence,  shall  be  omitted  or  overlooked. 

Sec  2.  Any  person  or  persons  who  shall  in  any  manner  sig- 
nify that  he  or  they  will  accept  any  executive,  legislative,  judicial 
or  ministerial  office  or  offices,  by  virtue  of  any  such  pretended 
election  in  any  such  pretended  town,  ward  or  other  meeting  or 
meetings,  or  shall  knowingly  suffer  or  permit  his  or  their  name  or 
names,  to  be  used  as  a  candidate  or  candidates  therefor,  shall  be 
adjudged  guilty  of  a  high  crime  and  misdemeanor,  and  be  pun- 
ished by  indictment  in  a  fine  of  two  thousand  dollars,  and  be  im- 
prisoned for  the  term  of  one  year. 

Sec.  3.  If  any  person  or  persons,  except  such  as  are  duly  elect- 
ed thereto,  according  to  the  laws  of  this  State,  shall  under  pre- 
'tended  constitution  of  government  for  this  State,  or  otherwise, 
assume  to  exercise  any  of  the  Legislative,  Executive  or  ministe- 
rial functions  of  the  offices  of  Governor,  Lieutenant  Governor, 
Senators,  members  of  the  House  of  Representatives,  Secretary 
of  State,  Attorney  General,  or  General  Treasurer  of  this  State, 
or  within  the  territorial  limits  of  the  same,  as  the  same  are  now 
actually  held  and  enjoyed,  either  separately  or  collectively,  or 
shall  assemble  for  the  purpose  of  exercising-  any  of  said  func- 
tions, all  and  every  such  exercise  of,  or  meeting  for  the  purpose 
of  exercising  all,  any,  or  either  of  said  functions,  shall  be  deemed 
and  taken  to  be  a  usurpation  of  the  sovereign  power  of  this  State, 
and  is  hereby  declared  to  be  treason  against  the  State,  and  shall 
be  punished  by  imprisonment  during  life,  and  is  now  by  law  pre- 
scribed. 

Sec  4.  All  offences  under  this  act  shall  be  triable  before  the 
Supreme  Judicial  Court  only.  Any  person  or  persons  arrested 
under  the  same,  and  also  for  treason  against  the  State,  may  be 
imprisoned  or  held  in  custody  for  trial  in  the  jail  of  such  county 


180  MIGHT    AND     RIGHT. 

of  the  State  as  the  Judge  or  Justice  issuing"  the  warrant  may  or- 
der or  direct;  and  the  sheriff  or  other  officer  charged  with  the 
service  of  such  warrant,  shall,  without  regard  to  his  precinct, 
have  full  power  and  authority  to  take  such  person  or  persons  and 
him  or  them  to  commit  to  any  county  jail  in  this  State,  which 
may  be  designated  by  such  Judge  or  Justice ;  and  it  shall  be  the 
duty  of  all  sheriffs,  deputy  sheriffs,  town  sergeants,  constables 
and  jailors  to  govern  themselves  accordingly.  All  indictments 
under  this  act,  and  also  all  indictments  for  treason  against  this 
State,  may  be  preferred  and  found  in  any  county  of  this  State, 
Avithout  regard  to  the  county  in  which  the  offence  was  committed  ; 
and  the  Supreme  Judicial  Court  shall  have  full  power  for  good 
cause,  from  time  to  time,  to  remove  for  trial  any  indictment 
which  may  be  found  under  this  act  or  for  treason  against  the 
State,  to  such  county  of  the  State,  as  they  shall  deem  best  for 
the  purpose  of  ensuring  a  fair  trial  of  the  same,  and  shall  upon 
the  conviction  of  any  such  offender  or  offenders,  have  full  power 
to  order,  and  from  tirrte  to  alter  the  place  of  imprisonment  of  such 
offender"  or  offenders  to  such  county  jail  within  this  State,  or  to 
the  state  prison  as  to  them  shall  seem  best  for  the  safe  custody  of 
such  offender  or  offenders,  any  acts,  law,  or  usage  to  the  contrary 
notwithstanding. 

Mr.  Atwell  when  called,  asked  to  state  his  reasons 
for  his  vote.  u  He  voted  against  it,  because  the  exi- 
gencies of  the  State  did  not  require  it,  and  it  would 
be  certain  to  disturb  the  peace  of  the  State.  The 
Supreme  Court  have  already  said  that  the  acceptance, 
or  exercise,  of  any  of  these  offices,  was  treason  — 
therefore  the  Act  was  unnecessary.  He  had  said  at 
the  June  session  he  was  opposed  to  carrying  any  gov- 
ernment into  operation  by  force  —  he  was  ready  to 
redeem  that  pledge.  It  was  because  he  did  not  wish 
the  government  carried  into  operation  by  force,  that 
he  voted  against  the  Bill,  as  the  Bill  would  produce 
that." 

Mr.  Randolph,  when  called,  said  that  "  he  felt  it 
was  the  duty  of  the  Assembly  to  pass  a  law  to  let 

THE  PEOPLE  AT    LARGE    KNOW  WHAT    THE  LAW  IS  J    and 

that  the  Assembly  are  determined  to  stand  by 
their  Authority."  Probably  Mr.  R.  considered  the 
passage  of  the  Algerine  Laws  as  a  u  conciliatory" 
measure,  and  that  opinion' a  "conciliatory"  opinion! 


MIGHT    AND     RIGHT.  181 

How  benevolent  thus  to  enlighten  the  ignorance  of 
the  common  people  —  to  "  let  them  know  what  the 
lato  is'1  —  and  how  characteristic  was  the  fact  spe- 
cified, that  "  the  General  Assembly  would  stand  by 
their  Authority." 

The  above  Act  was  what  the  Journal  was  pleased 
to  call  a  "  Paternal  warning."  Comment  is  unne- 
cessary. 

Mr.  W.  S.  Burgess,  called  up  his  Bill  to  extend  suf- 
frage to  the  extent  named  in  the  last  constitution. 

He  said  that  it  was  admitted  that  many  of 
those  in  favor  of  the  People's  Constitution  voted 
against  the  last,  and  it  is  also  claimed  by  the  mem- 
bers of  this  House,  that  a  majority  of  our  constitu- 
ents, the  Freeholders,  voted  for  the  last  Constitution. 
Therefore,  the  last  expression  of  their  opinion  is,  that 
suffrage  should  be  extended  as  far  as  that  instrument 
goes.  Both  parties  are  in  favor  of  it.  Who  knows 
what  effect  that  conciliation  would  have.  After  the 
strong  acts  passed,  it  would  show  that  the  house  was 
disposed  to  yield  something  to  a  spirit  of  conciliation. 

This  bill  was  the  moving  cause  of  considerable 
debate,  in  which  the  friends  of  Equal  Rights  strong- 
ly urged  the  propriety  of  the  measure,  alledging  that 
there  was  no  doubt,  had  the  Convention  confined  its 
action  to  the  Extension  of  Suffrage,  that  the  people 
would  have  been  satisfied,  even  with  the  limited  ex- 
tension provided  in  the  last  Constitution  ;  but  they 
did  not  want  it  extended  four  times  as  much  in  one 
part  of  the  State  as  in  the  other.  They  did  not  want 
their  extension  in  "  such  bad  company"  as  it  found 
in  the  Constitution. 

And,  upon  the  ground  that  the  people  had  refused 
to  bind  themselves  by  a  Constitution,  which  would, 
instead  of  securing  their  own  liberties,  be  a  guard 
and  protection  of  the  Oligarchy,  and  would  forever 
concentrate  the  power  in  the  hands  of  the  Minority, 
it  was  urged  on  the  other  hand,  that  the  people  did 
16 


182  MIGHT    AND    RIGHT. 

not  want  an  extension  of  suffrage;  that  they  had 
said  they  would  not  have  it.  It  was  announced,  more- 
over, that  since  the  people  "  would  not  have  this  ex- 
tension, when  the  Freemen  were  willing  to  extend  it 
to  them,  and  to  pacify  them"  they  should  fall  back 
on  the  old  Charter.  Mark  the  lordliness  of  that  ex- 
pression !  Does  it  sound  as  if  the  Government  were 
subject,  or  master?  They  were  willing  to  "pacify" 
the  people,  who  were  clamorous  only  for  Right  !  As 
if  they  were  a  company  of  snarling,  hungry  dogs, 
and  should  be  satisfied,  when  their  masters,  in  the 
abundance  of  their  condescension,  had  been  pleased 
to  throw  them  each  a  bare  bone  ! 

Such  has  always  been  the  tone  of  address,  which 
the  unenfranchised  people  of  Rhode  Island  have  met 
from  the  Government.  They  have  never  been  treat- 
ed as  rational  and  intelligent  beings.  They  have 
never  been  treated  as  men.  Their  respectful  peti- 
tions, asking  only  for  the  simplest  rights  of  man, 
were  met  with  insult,  ridicule,  and  contempt ;  and 
when  they  arose  in  their  majesty,  and,  of  their  own 
will,  resolved  to  be  free,  they  were  treated  as  CRIM- 
INALS ;  and  a  code  of  special  laws  was  enacted 
against  them,  which  repudiated  the  Declaration  of 
Independence,  the  Articles  of  Confederation,  the 
Constitution  of  the  United  States,  twenty-five  of  the 
State  Constitutions,  the  lives  and  Fathers  of  the  Re- 
volution, the  Revolution  itself,  the  opinions  of  Eu- 
ropean patriots,  the  sentiments  of  ancient  sages,  and 
the  writings  and  principles  of  our  ablest  cotemporary 
statesmen ;  and  which,  indeed,  for  its  open  and  au- 
dacious violations  of  right,  would  have  disgraced  the 
much-abused  State,  whose  name  it  bears !  It  is 
strange  that  the  people  were  not  driven  to  despera- 
tion —  that  they  could  have  been  restrained  in  any- 
wise! 

But  I  return  to  the  debates/    The  Speaker  said  he 
thought  the  principal  reason  which  induced  the  mass 


MIGHT    AND     RIGHT.  183 

to  go  against  the  last  Constitution,  was  because  they 
had  a  Constitution  already  legally  adopted.  The 
mass  of  the  Suffrage  Party  were  made  to  believe 
this.  The  mass  of  this  party  were  not  judges  of 
Constitutional  law,  and  they  sought  information  of 
those  who  took  the  lead,  to  find  what  was  the  law ; 
they  looked  to  those  legal  gentlemen  who  went  with 
them.  By  those  they  were  led  to  believe  that  they 
had  this  right  to  form  their  Government  in  their 
sovereign  capacity.  They  had  the  legal  opinion  of 
high  legal  gentlemen  ;  but  does  that  paper  show  that 
in  the  opinion  of  those  gentlemen,  that  Constitution 
was  the  paramount  law  of  the  land  ?  He  believed  no 
legal  gentleman  would  say  that  Constitution  was  the 
paramount  law  of  Rhode  Island,  and  he  did  not  be- 
lieve any  of  them  thought  so,  nor  does  that  opinion 
say  that,  but  implies  it. 

He  could  have  said  in  January  that  a  great  majo- 
rity of  the  people  were  in  favor  of  this  extension,  but 
he  could  not  now  say  that. 

Mr.  Atwell  said  the  opinion  alluded  to  was  the 
opinion  given  by  him  in  his  place  under  the  sanction 
of  his  oath  —  and  afterwards  written  out,  he  had 
never  since  written  anything  to  show  that  he  deemed 
the  People's  Constitution  was  the  paramount  law  — i 
because  that  depended  on  the  fact  whether  a  major- 
ity of  the  people  voted  for  that  Constitution. 

He  had  no  doubt  as  to  the  right  of  the  people  to 
form  a  Constitution  in  that  manner,  if  a  majority 
voted  for  it.  Since  that  time  he  had  reflected  much 
on  that  point,  and  was  confirmed  in  that  opinion. 
He  must  admit  that  the  result  of  the  last  vote  had 
somewhat  shaken  his  opinion  as  to  the  majority. 

Nothing  could  have  been  more  unfortunate  than 
this  surrender  of  the  ground,  by  Mr.  Atwell.  It  was 
the  first  direct  blow  that  the  Suffrage  Party  received. 
The  admission  was  made  incidentally ;  and  with 
what  motives  I  cannot  pretend  to  say ;  but,  consider- 


184  MIGHT    AND    RIGHT. 

ing  it  in  connection  with  the  whole  course  of  Mr. 
Atwell,  I  must  believe  it  was  never  intended  to  pro- 
duce such  an  effect ;  nor  was  it  from  a  pusillanimous, 
and  mean  desire  of  forming  a  convenient  stepping- 
stone,  or  inclined  plane,  from  the  weaker  to  the 
stronger  party ;  from  the  unpopular,  to  the  popular 
side.  It  is  generally  thought  that  the  concession 
was  made  with  the  hope  of  provoking  a  thorough 
examination,  and  such  I  believe  to  be  the  fact. 

The  House  was  called,  and  the  bill  to  extend  Suf- 
frage was  postponed.  Only  Messrs.  Atwell,  Burgess, 
Gavitt  and  Keech,  voting  against  the  postponement. 

Thus  we  see  that  no  less  than  three  efforts  were 
made,  at  this  single  session,  to  conciliate  the  Gov- 
ernment and  quiet  the  agitation  of  the  State  ;  name- 
ly, that  of  Mr.  Atwell  proposing  to  submit  the  Peo- 
ple's Constitution  to  the  same  persons  who  had  voted 
on  the  Landholders' ;  that  of  Mr.  Burgess,  proposing 
to  extend  Suffrage  as  far  as  it  is  provided  for  in  the 
same  Constitution  ;  and  that  of  Mr.  Keech,  proposing 
that  the  existing  election  laws  should  be  repealed, 
and  the  next  election  should  take  place,  according  to 
the  provisions  of  the  People's  Constitution.  These 
were  all  lost,  by  the  overwhelming  opposition  of  the 
Assembly  ;  two  of  them  being  voted  down  by  almost 
unanimous  votes,  and  one  postponed  without  action. 

Notwithstanding  these  glaring  facts,  it  was  after- 
wards busily  circulated  here,  and  industriously  spread 
abroad,  that  the  people  might  have  had  all  they 
asked  for ;  but  they  had  always  rejected  the  kind 
overtures  of  the  Assembly,  who  were  ever  willing  to 
extend  to  them  the  most  liberal  concessions :  that 
they  were,  in  short,  bent  on  blood  and  plunder,  and 
would  be  satisfied  with  nothing  else.  How  wick- 
edly false  those  assertions  were,  they  who  fabricated, 
and  adopted,  and  circulated  them,  should  best  know. 

The  people  would  have  accepted  of  a  very  limit- 
ed extension  of  suffrage  —  they  would  have  accepted 


MIGHT  AND  RIGHT.  185 

of  almost  any  terms,  rather  than  have  proceeded  to 
violence.  Had  they  really  been  what  their  enemies 
represented  them  to  be,  or  otherwise  than  as  they 
were,  they  certainly  would  have  carried  their  points, 
triumphantly.  They  embodied  almost  the  entire 
physical  force  of  the  State.  They  had  precedents 
in  their  favor,  and  all  authorities  to  back  them ;  and 
they  probably  would  have  established  their  govern- 
ment without  spilling  a  single  drop  of  blood.  But 
there  were  many  among  them  who  had  conscientious 
scruples  against  war  in  any  shape  ;  and  there  was  a 
revulsion  of  feeling,  in  almost  the  entire  body,  at  the 
thought  of  civil  war.  They  shrunk  from  it  with 
abhorrence.  They  had  neighbors,  and  friends,  and 
near  relatives,  who  would  be  incorporated  in  the  op- 
posite ranks.  They  would  not  incur  the  remotest 
possibility  of  severing  all  those  old,  and  dear,  and 
sacred  ties  ;  and  quenching  those  deep  and  living  af- 
fections in  blood.  And,  in  this  view  of  the  case, 
how  much  more  honorable  to  them,  as  men,  is  de- 
feat, than  any  success  would  have  been,  which 
would  have  been  purchased  at  the  expense  of  prin- 
ciples, that  were  cherished  more  deeply,  and  dearly, 
than  life  itself.  There  were  other  causes  also ;  for 
it  seemed  as  if  everything  conspired  to  render  each 
effort  signally  unfortunate.  But  I  anticipate.  I  trust 
this  will  be  made  manifest,  as  I  proceed. 

And  here  let  me  advert  a  moment  to  the  grand 
objection  that  was  made  to  all  the  Conventions,  and 
official  acts  of  the  people.  It  was  this,  that  they 
were  not  called  by  the  Legislature ;  and,  therefore, 
were  illegal^  The  Assembly  had  requested,  or  in- 
vited, the  Freemen  to  assemble  themselves  in  Con- 
vention, and,  therefore,  they  were  said  to  act  legally. 
Let  us  examine  this.  An  official  command,  to  be 
legal,  must  be  binding.  There  was  no  law  in  exist- 
ence, to  say  that  the  Freemen  should  accept  that  in- 
vitation, or  to  enforce  an  annexed  penalty,  in  case  of 
16* 


186  MIGHT    AND    RIGHT. 

non-compliance.  What,  then,  gave  the  mere  request 
of  the  Assembly  the  force  of  law  ?  What  is  law  ? 

The  Reviewer  of  Montesquieu  says,  "  It  means  a 
rule  of  action,  prescribed  by  an  authority,  invested 
with  competent  power,  and  a  right  so  to  do.  This 
idea  of  law  comprehends  that  of  a  penalty,  conse- 
qent  of  its  infraction,  of  a  tribunal,  which  determines 
the  penalty,  and  a  physical  force  to  put  it  into  exe- 
cution." 

The  word,  itself,  is  said  to  be  "  derived  from  li- 
gando,  which  means  tying,  or  obliging ;  because  it 
obliges  the  subjects  to  its  performance ." 

"  Authority,"  says  Godwin,  "  in  the  last  of  the 
three  senses  alluded  to,  is  where  a  man,  in  issuing 
his  precept,  does  not  deliver  that  which  may  be  ne- 
glected with  impunity ;  but  his  requisition  is  attend- 
ed with  a  sanction,  and  the  violation  of  it  will  be 
followed  with  a  penalty.  This  is  the  species  of  au- 
thority which  properly  annexes  to  the  idea  of  Gov- 
ernment." —  Godwin's  Enquiry  concerning  Politi- 
cal Justice,  vol.  1,  pp.  189-90. 

The  idea  of  penalty  is  inseparable  from  that  of 
law.  What,  then,  gives  such  potency  to  a  mere  re- 
quest, or  invitation,  which  may  be  accepted,  or  not 
accepted,  and  the  neglect  of  which  involves  no  for- 
feiture, or  penalty  ?  Is  the  General  Assembly  an  in- 
vestment, or  impersonation  of  the  legal  spirit,  so  that 
its  mere  requests  —  its  simple  invitations,  have  the 
force  and  virtue  of  law  ?  Why,  then,  were  not  those 
freemen  who  neglected  to  obey  the  call,  punished, 
as  for  wilful  misdemeanor  ?  Will  any  pretend  that 
they  were  so  ;  or  that  they  incurred  even  the  slight- 
est penalty  by  their  neglect,  or  non-attendance  ? 
Whence,  then,  the  boasted  legality  of  their  mea- 
sures, and  the  anathematised  ^'/legality  of  the  peo- 
ple's ?  If  any  person  can  point  it  out  specifically,  I 
should  b6  very  happy  to  perceive  it. 

The  truth  is,  the  condition  of  things  in  Rhode 


MIGHT    AND     RIGHT.  187 

Island  had  reached  that  point,  which  is  so  well  de- 
scribed by  one  of  the  ablest  political  writers,  during 
the  early  days  of  our  confederated  Republic.  He 
says,  "  While  men  could  be  persuaded  that  rights 
appertained  *only  to  a  certain  class  of  men,  or  that 
government  was  a  thing  existing  in  right  of  itself  it 
was  not  difficult  to  govern  them  authoritatively. 
The  ignorance  in  which  they  were  held,  and  the 
superstition  in  which  they  were  instructed,  furnished 
the  means  of  doing  it ;  but  when  the  ignorance  is 
gone,  and  the  superstition  with  it ;  when  they  per- 
ceive the  imposition  that  has  been  acted  upon  them ; 
when  they  reflect  that  the  cultivator,  and  the  manu- 
facturer, are  the  primary  means  of  all  the  wealth 
that  exists  in  the  world,  beyond  what  nature 
spontaneously  produces ;  when  they  begin  to  feel 
their  consequence,  by  their  usefulness,  and  their 
right,  as  members  of  society,  it  is  then  no  longer 
possible  to  govern  them,  as  before.  The  fraud,  once 
detected,  cannot  be  again  reacted.  To  attempt  it,  is 
to  provoke  derision,  or  invite  destruction." 

And  this  our  Legislators  must  long  since  have 
seen,  had  they  not  been,  to  quote  the  pithy  words  of 
Milton,  "accustomed  from  the  cradle,  to  use  their 
will  only,  as  their  right  hand,  their  reason  always, 
as  their  lefty 

They  had  sought  to  drown  the  voice  of  Right,  by 
trumpeting  abroad  the  sound  of  great  names  —  not 
the  names  of  the  undying  great ;  for  they  have  al- 
ways been,  and  always  must  be,  associated  with  the 
cause  of  Liberty  and  Right,  not  with  Oppression, 
and  with  Wrong  ;  but  names  invested  with  the  petty 
popularity,  of  lordship  in  this  little  Kingdom  of 
Rhode  Island  :  and  they  might  as  well  have  attempt- 
ed to  silence  the  deep-toned  and  eternal  Thunder, 
with  the   squeaking  of  a  penny  whistle  !     It   had 

*  These  opinions  are  orthodox  now,  in  Rhode  Island,  and  the 
contrary  are  heterodox. 


188  MIGHT    AND     RIGHT. 

been  frequently  asserted,  and  .reiterated  again  and 
again,  by  the  popular  leaders  of  the  Chartists,  in  the 
presence  of  thousands,  that,  if  the  Landholders'  Con- 
stitution should  be  rejected,  we  could  not  fall  back 
on  the  Charter ;  but  the  People's  Constitution  must 
become  the  Law  of  the  land.  This  was  held  out  as 
an  inducement  to  the  friends  of  Law  and  Order  — 
or,  in  more  appropriate  terms,  the  enemies  of  free- 
dom, to  sustain  the  Constitution.  But  when  that 
Constitution  was  rejected,  it  was  announced  with 
perfect  nonchalance,  that  we  should  fall  back  on  the 
Charter ;  and  it  was  denied,  point  blanc,  that  any 
contrary  assertions  had  been  ever  made,  notwith- 
standing resolutions  to  that  effect,  stood  recorded  in 
fair  print,  (the  print  is  the.  only  fair  thing  about  it) 
in  their  organ,  the  Journal ! 

Directly  after  the  unfortunate  admission  of  Mr. 
Atwell,  before  alluded  to,  it  was  gravely  announced 
in  the  Journal,  that  the  gentleman  had  left  his  party, 
and  had  cordially  embraced  the  Chartists ;  where- 
upon his  course  and  character  were  extolled,  in  a 
manner  which  must  have  been  very  flattering,  con- 
sidering the  source  from  whence  the  fine  sayings 
emanated.  This  was  designed  as  a  noose,  wherein 
to  catch  a  brave  helper ;  but  the  springes  that  will 
catch  hares  and  woodcocks,  the  elephant  tramples 
under  foot  without  harm  or  danger.  Notwith- 
standing the  quite  unfortunate  issue  of  this  first  at- 
tempt, such  falsehoods  continued  to  be  in  circulation 
from  time  to  time.  Indeed,  there  was  hardly  a  well 
known  man  among  the  suffrage  ranks,  who  was  not, 
at  some  time,  reported  as  a  traitor.  These  reports 
might  have  the  chance  of  doing  some  good,  until 
they  were  corrected.  They  intimidated  the  hesitat- 
ing and  cautious  among  the  Constitutionists,  and 
they  gave  a  momentary  opportunity  for  petty  triumph 
to  the  foes  of  Freedom. 

Having  all  the  power  in  their  own  hands,  the 


MIGHT     AND    RIGHT.  189 

Chartists,  in  their  iniquitous  schemes,  succeeded  but 
too  well.  By  the  grossest  misrepresentations  —  by 
the  most  audacious  falsehoods,  they  have  so  veiled 
and  disguised  the  truth,  as  to  deceive  many,  even 
here  ;  for  their  impudence  sustained  them,  when  no- 
thing else  could  have  done  it ;  —  it  is  so  difficult  to 
believe  that  men  of  the  highest  standing  in  society, 
who,  though  they  may  have  no  moral  sense  in  the 
way,  will  yet  compromise  their  character  as  men  — 
their  honor  as  gentlemen,  by  stooping  to  the  lowest 
quibbling  —  the  meanest,  the  most  degrading  false- 
hoods —  and  that,  too,  in  the  open  face  of  honest 
day-light !  I  am  aware  that  many  will  think  I  in- 
dulge in  uncalled-for  severity ;  but  let  them  study 
the  whole  policy  of  the  Charter  Dynasty,  during  the 
last  three  years,  and  then  give  an  opinion. 

The  Chartists  have  also  engrafted  their  own  views 
of  this  affair,  to  a  very  considerable  degree  among 
the  people  of  the  neighboring  States ;  so  that  little 
of  the  truth,  relating  to  the  subject,  is  known  among 
them.  They  have  represented  it  as  a  low,  degrad- 
ing, mean,  miserable  affair,  got  up  exclusively  by 
those  in  the  lowest  conditions  of  life  ;  it  was,  there- 
fore, vulgar  ;  and  only  the  vulgar  could  advocate  its 
principles  —  as  only  the  vulgar  had  dictated,  and 
attempted  to  carry  out  its  measures.  It  was,  in  short, 
the  most  plebeian  question,  that  ever  came  belore  an 
American  public  ;  and  as  the  love  of  approbation  — 
vanity  —  is,  in  the  present  condition  of  society,  edu- 
cated and  developed,  to  the  neglect,  if  not  the  utter 
exclusion  of  higher  and  nobler  principles,  it  follows 
that  whatever  is  devoid  of  an  imposing  aspect  —  of 
gilded  trappings,  finds  but  small  share  of  considera- 
tion and  esteem,  in  the  eyes  of  those  who  are  blind, 
in  all  other  light,  but  such  as  is  reflected  from  high 
places.  There  was  nothing  in  the  suffrage  move- 
ment, to  attract  what  I  should  call  the  vulgar  eye. 
It  had  none  of  the  attributes  of  earthly  dignity,  or 


190  MIGHT    AND    RIGHT. 

grandeur.  It  did  not  originate  in  high  places,  but 
on  the  contrary,  emanated  from  a  class  of  citizens, 
whom  it  is  very  genteel  and  fashionable  to  despise, 
or  to  notice  only  by  patronizing  attentions.  Its  great 
and  severe  principles  of  truth,  had  little  attraction 
for  those  who  have  neither  ear,  or  eye,  or  heart,  ca- 
pable of  perceiving  a  virtue,  beyond  the  approbation 
of  the  great ;  and  who  would  sell  their  souls,  if  they 
had  any,  rather  than  appear  to  favor  anything  not  of 
the  highest  fashion  —  not  perfectly  genteel.  Such 
were  a  great  proportion  of  our  opposers.  Many, 
without  doubt,  were  really  honest  in  their  opinions  ; 
having  become  unconsciously  warped  by  the  false 
views,  and  false  requirements  of  society. 

I  will  conclude  this  chapter,  by  giving  a  quotation 
from  a  distinguished  political  writer,  which  embraces 
some  points  not  generally  understood ;  and  which 
are,  nevertheless,  the  very  stamina  of  political  sci- 
ence. 

u  But  the  case  is  wholly  different,  with  respect  to 
the  institution  of  civil  government,  organised  on  the 
system  of  Representation.  Such  a  government  has 
cognizance  of  everything,  and  of  every  man,  as  a 
member  of  the  national  society,  whether  he  has  pro- 
perty,  or  not ;  and,  therefore,  the  principle  requires 
that  every  man,  and  every  kind  of  right,  be  repre- 
sented, of  which  the  right  to  acquire  and  hold  pro- 
perty is  but  one,  and  that  not  of  the  most  essential 
kind.  The  protection  of  a  man's  person,  is  more 
sacred  than  the  protection  of  his  property ;  and,  be- 
sides this,  the  faculty  of  performing  any  kind  of 
work,  or  services,  by  which  he  acquires  a  livelihood, 
or  maintains  his  family,  is  of  the  nature  of  property. 
Is  is  property  to  him.  He  has  acquired  it ;  and  it  is 
as  much  the  object  of  his  protection,  as  exterior  pro- 
perty, possessed  without  that  faculty,  can  be  the  ob- 
ject of  that  protection  to  another  person. 

"  In  a  political  view  of  the  case,  the  strength  and 


MIGHT    AND     RIGHT.  191 

permanent  security  of  government,  is  in  proportion 
to  the  number  of  people  interested  in  support  of  it. 
The  true  policy,  therefore,  is  to  interest  the  whole, 
by  an  equality  of  Rights  ;  for  the  danger  arises 
from  exclusions.  It  is  possible  to  exclude  men  from 
the  right  of  voting ;  but  it  is  impossible  to  exclude 
them  from  rebelling  against  that  exclusion ;  and 
when  all  other  rights  are  taken  away,  the  right  of 


CHAPTER  XL 


THE   judges. 


I  must  now  go  back  a  short  space,  in  order  to  notice 
the  part  which  the  Honorable  Judges  of  Rhode 
Island  took  in  the  contest.  They  volunteered  their 
opinions,  as  has  been  before  stated,  pledging  them- 
selves to  sustain  the  Oligarchy,  against  the  known 
will  of  the  People.  Their  course  had  the  direct  and 
inevitable  tendency  to  produce  a  pre-judgment  against 
the  people,  and  to  obstruct  fair  trials,  and  unbiased 
verdicts,  in  cases  likely  to  arise  out  of  the  contest. 
They  forgot  that  they  were  robed  as  judges,  to  ex- 
pound the  law  and  the  Constitution,  and  not  the  cra- 
ven tools  of  a  party ;  and  their  ermine  was  soiled, 
and  became  leprous,  with  their  base  and  sordid  truck- 
ling to  popularity.  They,  indeed,  showed  them- 
selves well  skilled  to 

"  Turn  their  halcyon  beaks 
With  every  gale  and  vary  of  their  masters, 
As  knowing  nought,  like  dogs,  but  following." 

Before  any  case  had  actually  arisen,  and  immedi- 
ately preceding  an  election,  which  they  knew  would 


192  MIGHT    AND     BIGHT. 

be  warmly  contested,  they  declared  that  if  would  be 
lawful  for  one  party  to  vote,  and  unlawful  for  the 
other  party  to  do  so.  They  exerted  all  the  influence 
of  their  character  and  station,  subjoined  to  imposing 
authorities,  to  overawe  the  people,  and  silence  them 
into  submission ;  thundering  out  their  official  anath- 
emas against  man,  for  claiming  to  exercise  the  sim- 
plest rights  of  man,  with  a  disregard  of  all  truth  — 
a  violence  and  passion,  which  would  better  become 
the  ministers  of  Nicholas,  or  Mahomed,  than  ermin- 
ed  judges  of  an  enlightened  and  free  country. 

But  I  must  here  give  a  moment's  attention  to  an 
address  "  To  the  Members  of  the  General  Assem- 
bly," from  the  pen  of  Judge  Pitman.  The  honora- 
ble Author  assumes,  in  the  onset,  to  be  governed  by 
no  ordinary  degree  of  candor,  and  to  hold  party, 
party  spirit,  and  party  movements,  in  singular  ab- 
horrence ;  exhibiting  in  this  assumption,  a  degree  of 
effrontery  which  is  quite  remarkable,  even  in  Rhode 
Island,  considering  that  he  was  volunteering  his 
opinion,  in  advance,  for  the  express  purpose  of 
strengthening  a  Party,  and  that  in  manifest  viola- 
tion of  right. 

With  singular  ill-judgment  he  seeks  to  sustain  the 
acts  of  his  Party,  by  selecting  passages  from  Wash- 
ington's Farewell  Address,  which  apply  to  Rebels  — 
the  violent  and  lawless  invaders  of  Right  —  but 
distort  and  misapply  them  though  he  did,  they  still 
go  for  nothing,  against  the  great  doctrines  which 
have  been  made  the  basis  of  the  Suffrage  Move- 
ment ;  and  to  the  independent  assertion  of  which, 
Washington,  himself,  was  indebted  for  all  his  distin- 
guishing greatness.  He  was  the  first  successful 
champion  of  Man's  inherent  equality  —  his  natural 
capabilty  of  government,  and  right  to  participate  in 
that  government ;  and  had  he  been  other  than  that, 
had  he  been  governed  by  the  political  axioms  of  mo- 
dern Rhode  Island,  by  the  principles  which  Judge 


MIGHT    AND     RIGHT.  193 

Pitman,  himself,  was  assisting  to  establish,  he  might 
have  been  a  great  general,  a  great  hero,  a  great  ty- 
rant, a  Napoleon,  a  Hannibal,  a  Caesar,  but  never 
the  ideal  which  the  world  has  recognised  in  Wash- 
ington. 

In  order  to  render  it  odious,  he  takes  special  pains 
to  institute  a  parallel  between  the  Suffrage  Move- 
ment and  Shays'  Rebellion ;  though  he  must  have 
known  that  there  was  no  other  resemblance  between 
them,  than  that  both  parties  complained  of  wrongs. 
The  specific  object  of  Shays'  men,  was  to  over- 
throw the  Government,  and  right  themselves  by 
force,  and  the  first  movement  was  directly  towards 
that  object.  On  the  contrary,  the  Suffrage  Party 
had  respectfully  petitioned,  for  more  than  half  a  cen- 
tury, for  a  redress  of  grievances  —  for  a  restoration 
of  the  rights,  which  they  knew  they  might  justly 
claim.  They  had  long  seen  themselves  deprived  of 
citizenship,  of  manhood,  and  its  dearest  prerogatives. 
They  were  not  merely  held  in  complete  and  invol- 
untary subjection  to  the  ruling  powers,  but  their  po- 
litical being  was  destroyed  —  their  very  existence, 
in  a  legal  sense,  was  annihilated ;  yet  their  patience 
was  not  exhausted.  With  the  forbearance  of  men, 
in  the  strength  of  reason,  that  holdeth  passion  in 
subjection  to  itself,  urging  always  that  Truth  and 
Right  must  finally  prevail,  they  bore  indignities  the 
most  degrading,  insult  the  most  shameful,  until  for- 
bearance ceased  to  be  virtue,  and  long-suffering  de- 
generated into  meanness.  They  then  threw  them- 
selves upon  their  reserved  rights,  as  human  beings, 
and  resolved  to  regain  their  birthright.  They  met 
together,  and  reasoned  upon  the  subject.  They  be- 
came strengthened  in  their  determination.  They 
consulted  wise  men  among  the  living,  and  works  of 
eminent  departed  statesmen.  All  confirmed  —  all 
strengthened  them.  They  sought  not  to  effect  re- 
form by  any  act  of  violence ;  but  by  authority  of 
17 


194  MIGHT    AND    RIGHT. 

the  great  American  principle,  which  has  been  repu- 
diated in  Rhode  Island,  that  when  a  people  have 
outgrown,  or  become  dissatisfied  with  their  consti- 
tution of  government,  they  may  change  it,  without 
an  appeal  to  force,  simply  by  virtue  of  their  inherent 
sovereignty  —  "  the  right  of  free-born  men,  to  be 
governed  as  seemeth  to  please  them  best."  It  is  a 
fact  worthy  of  all  admiration,  that  they  were  not 
driven,  in  madness,  and  sheer  desperation,  to  acts  of 
violence.  Invention  was  exhausted  in  contriving 
abuses  —  in  fabricating  slanders  foul  and  monstrous 
— » Robbery,  Arson,  Murder  and  Rape,  were  repre- 
sented as  their  specific  objects  —  and  so  well  repre- 
sented, that  many  weak  and  deluded  people,  believed 
they  were  the  most  important  constituent  principles 
of  the  cause  itself.  Deluded,  and  weak,  indeed, 
they  must  have  been,  to  believe  such  miserably  shal- 
low inventions  !  But  there  are  weak  people  every- 
where ;  and  recent  events  have  proved  that  we  have 
our  full  share  in  Rhode  Island.  Then  came  the  Al- 
gerine  Laws  to  goad  them  on  ■ —  to  make  it  treasona- 
ble for  them,  even  to  meet  and  consult  together,  and 
dangerous  to  utter  a  free  thought !  It  is  truly  the 
most  wonderful  fact  of  the  age,  that  they  were  not 
exasperated  into  perfect  phrensy!  How  absurd, 
then  —  how  cruelly  false  and  wicked,  to  institute 
such  a  comparison,  merely  for  the  purpose  of  casting 
odium  on  men,  who  have,  at  least,  suffered  bravely. 

The  learned  Judge,  while  he  denies  the  legality 
of  the  People's  proceedings,  never  questions  the  ma- 
jority of  their  votes.  On  the  contrary,  an  acknowl- 
edgment of  the  majority  is  asserted,  or  implied,  in 
almost  every  page  ;  and  in  the  premises  of  all  his 
reasoning,  this  admission  is  embraced.  This  fact  is 
worthy  of  record,  and  remembrance  ;  for  as  the  hon- 
orable gentleman  echoed  the  key  note  of  the  Party, 
it  will  show  that  they  did  not,  at  first,  question  the 
"majority.     That    falsehood   remained,  as   yet,    un- 


MIGHT    AND     RIGHT.  195 

hatched,  and  unfledged,  amid  the  countless  broods  oi 
embryo  monsters,  that  afterwards  went  forth, 

"  From  the  orient  to  the  drooping  west, 

#  *  #  *    '        # 

Stuffing  the  ears  of  men  with  false  reports." 

In  the  following  passage,  he  gives  his  adversary  a 
peep  into  his  hand,  with  strange  indiscretion  for  an 
old  gamester.  "  If  they  can  deceive  some,  and  over- 
awe others,  so  as  to  induce  you  to  abdicate,  and  suf- 
fer them  to  seize  the  reigns  of  government,  their  object 
is  accomplished.  In  the  absence  of  any  other  gov- 
ernment, in  this  State,  they  become  the  government 
de  facto,  if  not  de  jure ;  that  is,  the  government  in 
fact,  if  not  of  right ;  and  there  will  be  no  rightful 
Legislature,  no  rightful  Executive,  to  defend  this 
State,  and  the  rightful  government  thereof,  from 
<  domestic  violence.'  "  Strange  it  is,  that  the  Suf- 
frage men  did  not  profit  by  this  hint,  when  they  had 
the  power ! 

True  to  the  Rhode  Island  doctrine,  our  author, 
everywhere,  recognises  in  the  government,  the  su- 
preme power.  This  principle  he  embodies  in  the 
following  remarkable  sentiment:  uNo  government 
can  sanction  doctrines  which  are  suicidal,  which  go 
to  its  own  destruction.  The  first  duty  of  govern- 
ment is  to  protect  itself."  The  rights  and  wel- 
fare of  the  people,  it  seems,  are  to  be  entirely  set 
aside  ;  it  being  a  point  of  duty  with  the  government, 
whatever  may  be  its  character,  to  "  protect  itself," 
at  all  hazards,  and  in  defiance  of  all  consequences, 
Who  that  has  seen  some  of  %  the  gentleman's  earlier 
sentiments,  would  not  exclaim,  in  sorrow, 

"  O,  mighty  Csesar,  dost  thou  lie  so  low !" 

Are  the  sages  of  Rhode  Island  taking  a  leap  back 
into  the  dark  ages,  that  they  so  boldly  disavow  a 
principle  which  all  wise  men  have  taught,  that  the 
good  of  the  governed  is  the  end  of  Government, 


196  MIGHT    AND     RIGHT. 

Let  us  hear  Plato's  opinion  on  this  subject,  who  says, 
speaking  of  a  good  Prince  ;  "  He  neither  thinks  nor 
commands  what  may  advance  his  own  private  inter- 
est, but  what  may  promote  the  benefit  of  his  sub- 
jects ;  and  whatever  he  says,  or  does,  is  done  for 
their  advantage,  and  for  their  ornament  and  grace." 

Puffendorf,  speaking  on  the  same  subject,  Book 
viii.  Sec.  2,  says :  "  And  therefore  they  (rulers)  ought 
to  esteem  nothing  as  contributing  to  their  own  pri- 
vate or  personal  good,  which  is  not,  at  the  same  time, 
profitable  to  the  commonwealth."  How  many  of 
the  Rhode  Island  princes  will  come  up  to  this  stand- 
ard ? 

Mr.  Pitman  says,  in  the  same  connection ;  "-  The 
citizen  owes  allegiance  to  the  government ;  the  gov- 
ernment owes  protection  to  the  citizen.  These  du- 
ties, and  the  rights  that  grow  out  of  them,  are  reci- 
procal." He  goes  ,on  to  show,  that  if  the  citizen 
makes  war  upon  the  government,  it  is  treason ;  while 
all  the  violation  of  trust  on  the  part  of  government, 
is  resolved  into  the  single  point,  of  abdication  of 
its  power;  and  this  is,  he  says,  a  much  greater 
crime,  if  we  are  to  judge  of  the  enormity  of  crimes 
by  their  consequences,  than  the  commission  of  trea- 
son on  the  part  of  the  citizen.  This  one  crime,  then, 
we  are  led  to  think  —  the  crime  of  yielding  their 
power  to  usurpers  —  is  all  the  crime  that  govern- 
ments can  commit ;  and  since  it  is  the  very  last  they 
would  be  likely  to  commit,  we  may  safely  conclude 
that  they  never  would,  or  never  do  commit  any ; 
and,  therefore,  they  may  continue  to  exist  forever, 
as  they  will,  "without  let  or  hindrance." 

On  the  next  page  our  author  asks  the  pithy  ques- 
tion ;  "  Who  are  the  people  of  Rhode  Island  ?"  and 
from  it  he  deduces  the  following  remarks.  "  What- 
ever are  the  rights  of  the  people  of  Rhode  Island, 
those  who  are  not  the  people  of  Rhode  Island,  in 
any  legal  or   constitutional  sense,   have   no   legal 


MIGHT    AND     RIGHT.  197 

claims  to  such  rights.  An  attempt  to  exercise  the 
rights  of  the  people  of  Rhode  Island,  by  those  who 
are  not  the  people  of  Rhode  Island,  is  an  attack  upon 
the  rights  of  the  people  —  a  crime  against  the  State. 
Such  a  crime  the  Athenians  punished  with  death." 
Then  he  proceeds  to  show  that  such  crime  was  com- 
mitted, and  by  implication  certainly,  that  such  pun- 
ishment ivas  deserved  by  the  Suffrage  men.  "  In  a 
political  sense,  in  which  sense  the  word  ' people'  is 
used  by  political  writers,"  continues  Mr.  Pitman, 
"  it  is  to  be  understood  as  applicable  only,  in  a  free 
State,  to  those  who,  by  its  fundamental  laws,  possess 
the  political  power. ' ' 

Whether  Locke,  in  the  following  passage,  uses 
the  word  "people"  "in  a  political  sense,"  must  be 
determined  by  its  spirit ;  he  certainly  j  at  least,  ab- 
solves the  unenfranchised  from  obedience  to  magist- 
rates whom  they  have  never  chosen.  "  The  people 
alone  can  appoint  the  form  of  the  Commonwealth, 
which  is  by  constituting  the  Legislature,  and  ap- 
pointing in  whose  hands  it  shall  be.  And  when  the 
people  have  said  we  will  submit  to  rules,  and  be 
governed  by  laws,  made  by  such  men,  and  in  such 
form,  nobody  else  can  say  other  men  shall  make  laws 
for  them  ;  nor  can  the  people  be  bound  by  any  laws, 
but  such  as  are  enacted  by  those  whom  they  have 
chosen,  and  authorised  to  make  laws  for  them.'7  — 
Works,  vol.  v.  p.  423. 

Robert  Hall  says  ;  "  That  there  are  natural  rights, 
or,  in  other  words,  a  certain  liberty  which  men  may 
exercise,  independent  of  permission  from  society,  can 
scarcely  be  doubted,  by  those  who  understand  the 
meaning  of  the  terms." 

Once  more  we  call  upon  our  good  friend,  and 
helper,  Algernon  Sydney,  who  says;  "  The  first  in- 
stitution of  the  office  of  King,  in  this  nation,  was  by 
agreement  of  the  people,  who  chose  one  to  that  office 
for  the  protection  of  those  who  chose  him}  (not  to  pro- 
17* 


\ 

198  MIGHT    AND     RIGHT. 

tect  himself, )  and  for  their  better  government,  accord- 
ing to  such  laws  as  they  did  consent  unto."  —  Dec. 
of  Par.  Eng.  1648. 

And,  again ;  "  Whilst  men  are  all  equal,  none  will 
yield  to  any,  otherwise  than  by  a  general  consent. 

This    is  THE    GROUND  OF    ALL    JUST    GOVERNMENT  )    for 

violence  and  fraud  can  create  no  right ;  and  the  same 
consent  gives  the  form  to  them  all,  how  much  soever 
they  may  differ  in  form  otherwise."  —  Vol.  1,  p.  294. 

How  far  these  writers  would  go  towards  justify- 
ing the  honorable  gentleman,  in  his  attempt  to  fasten 
a  State  crime  on  the  majority  of  the  people  of  Rhode 
Island ;  and  how  far  they  would  sanction  his,  and 
his  party's  absolute  political  annihilation  of  the  ma- 
jority of  the  people,  I  leave  the  reader  to  judge. 

"  The  charter,  by  the  by,"  says  Mr.  P.,  "  con- 
tains no  provisions  on  the  rights  of  suffrage,  leaving 
the  people  of  this  State  to  regulate  this  matter  for 
themselves.  Whatever,  therefore,  may  be  our  fun- 
damental laws,  on  the  question  of  suffrage,  the  peo- 
ple of  this  state  made  them  for  themselves,  as  they 
had  a  right  to  do  ;  they  were  not  imposed  upon  them 
by  any  foreign  power."  This  is  not  true,  in  any 
sense.  Not  even  the  freemen  had  any  absolute  con- 
trol over  the  laws  regulating  suffrage,  or  any  other 
laws.  They  did,,  to  be  sure,  choose  the  members  of 
the  Legislature,  but  those  very  members,  when 
chosen,  had  power  to  make  their  first  act  such  a  one 
as  would  deprive  their  constituents  forever  of  the 
power  to  make  other  choice  —  they  could  disfran- 
chise them  at  any  moment,  by  making  the  qualifica- 
tion so  high  that  few  could  reach  it ;  and  what  would 
Mr.  Pitman  say,  then,  to  a  change  ?  Will  any  one 
say  this  is  highly  improbable?  I  answer,  let  him 
study  their  Acts,  Speeches,  and  Reports,  and  tell  me  if 
there  is  no  danger. 

But,  again :  "  At  the  Revolution,  the  people  of 
this  State  did  not  see  fit  to  change  their  fundamen- 


MIGHT    AND    RIGHT.  199 

tal  laws,  or  to  repudiate  their  charter  ;  they  threw  off 
a  foreign  yoke,  but  did  not  make  a  domestic  revolu- 
tion ;  having  a  form  of  government  already  suffi- 
ciently republican  and  democratic,  and  which  they 
no  doubt  venerated  as  coming  from  those  fathers, 
who  had  rendered  themselves  illustrious  in  the  his- 
tory of  civil  and  religious  liberty.  They  found  it 
all-sufficient  for  the  exigencies  of  1776,  and  though 
they  have  frequently  been  invited  since,  to  adopt  a 
written  Constitution,  they  have,  by  their  votes,  re- 
turned this  answer ;  '  We  are  unwilling  to  change 
our  fundamental  laws.'  "  This  is  false.  A  majority 
of  the  people  of  Rhode  Island  never  established  the 
government  ;  they  never  consented  to  its  existence  ; 
they  never  refused  to  change  it.  On  the  contrary, 
they  have  never  ceased  to  entreat  of  their  sovereign 
lords  and  masters,  by  the  divine  right  of  monarchism, 
that  it  should  be  changed  !  It  is  time  these  stories 
should  be  contradicted,  promptly  and  positively,  for 
they  have  already  done  mischief  sufficient !  By 
means  of  them,  many,  who  would  be  otherwise 
friendly  to  our  cause,  are  made  to  believe,  through 
their  misapprehension  of  the  term,  people,  that  the 
suffrage  men  might  have  had  their  rights  long  ago, 
but  they  refused  to  take  them.  The  truth  is,  the 
Assembly,  themselves,  refused  to  hear  the  people's 
petition  for  a  change.  The  freemen,  the  creatures 
of  their  own  breath,  were  but  as  tools  in  their  hands ; 
and  through  these  instruments,  the  General  Assem- 
bly have  always  refused  to  change  the  government ! 
But  hear  Mr.  Pitman  again.  "  What  is  the  griev- 
ance of  which  the  suffrage  men  complain  ?  They 
are  not  allowed  to  vote  !  Are  they  injured  by  this  — 
are  they  put  out  of  the  protection  of  the  law  —  are 
their  persons  and  their  property  in  jeopardy  ?"  I  an- 
swer the  question  directly  and  plainly,  yes.  Their 
property  is  jeopardised.  It  is  voted  away  in  taxes, 
and  appropriated  without  their  consent.  I  find  a  few 
facts  just  now  to  the  point.     "  In  1830  there  were 


200  MIGHT    AND     RIGHT. 

in  the  town  of  North  Providence,  779  males  over  21 
years  of  age  ;  of  whom  200  were  freeholders,  leav- 
ing 579  non-freeholders.  In  1832,  66  of  the  non- 
freeholders  were  taxed  for  about  $50,000  worth  of 
property.     The  amount  of  their  taxes  was  $140. 

"  In  Providence,  65  non-freeholders,  alone,  have 
paid  a  tax  of  $1078;  and  361,  including  the  65,  a 
tax  of  $1,810.  In  Cumberland,  there  are  210  tax- 
payers who  have  no  vote  ;  280  persons  voted  at  the 
last  election  in  that  town.  In  Warren,  there  are  136 
freeholders,  natives  of  this  state,  and  49  resident 
freeholders,  natives  of  other  states.  In  1833,  79 
non-freeholders  were  assessed  $156,42."  And  does 
not  the  objection  that  the  non-freeholders,  if  admit- 
ted, will  vote  away  the  property  of  other  people, 
come  with  a  very  bad  grace  from  those  who  have 
been  so  long  voting  away  their  property,  without  so 
much  as  saying,  "  By  your  leave  ?"  And  what  secu- 
rity can  there  be,  even  for  liberty  and  life,  where  the 
will  of  the  Government  is  the  supreme  law  ? 

But  how  degrading  are  the  above  inquiries  of  Mr. 
Pitman,  as  if  men  should  ask  for  nothing-,  wish  for 
nothing,  but  the  right  to  breathe,  and  the  right  to 
acquire,  and  possess,  the  means  of  continuing  that 
condition  !  —  Men,  whom  God,  himself,  created, 
without  permission  of  the  General  Assembly  of 
Rhode  Island,  and  made  sentient,  free,  and  account- 
able beings,  with  thoughts  boundless  as  the  universe, 
with  hopes  high  as  heaven,  with  fears  deep  as  hell, 
with  powers  which  can  only  be  transcended  by  His 
who  gave  them  !  Can  such  beings  be  degraded  into 
mere  working,  and  eating,  and  drinking,  and  clothes- 
wearing  machines,  without  gross  violation  of  natu- 
ral and  moral  law  ?  If  parents  are  to  be  rendered 
accountable  for  the  evil  influences  to  which  they  ex- 
pose their  children,  shall  not  statesmen,  who  control 
and  sway  the  masses,  be  much  more  accountable, 
when  they  willfully  place  barriers  in  the  way  of  their 
progress?    What  a  very  different  course  of  action 


MIGHT    AND    RIGHT.  201 

would  be  suggested,  by  an  enlarged  and  liberal  pol- 
icy. To  call  forth  self-respect  —  to  excite  benevo- 
lence —  to  awaken  reverence  for  all  that  is  great, 
and  lofty,  and  true,  is  a  work  worthy  of  "  a  minis- 
ter of  God,"  as  a  good  minister  of  state  is  well  de- 
scribed to  be :  and  the  first  step  towards  this,  is 
to  acknowledge  the  sovereignty  of  ma?i,  which  is 
nothing  but  recognising,  and  doing  reverence  to  the 
God-image  in  which  he  was  formed.  The  poorest 
and  the  lowest  man  is  still  a  brother,  bound  to  all 
others  of  his  kind  by  the  common  wants,  weakness, 
greatness,  and  glory  of  his  race  ;  and,  as  such,  is  en- 
titled to  our  love ;  his  interest  is  our  interest ;  his 
hopes  are  our  hopes  ;  his  good  is  our  good.  The 
mind  of  the  humblest,  the  most  ignorant  man,  is  still 
a  direct  emanation  of  Deity ;  and,  as  such,  is  enti- 
tled to  our  veneration  ;  and  whatever  we  do  to  cramp, 
enervate,  or  injure  it,  is  sacrilege  against  the  enshrin- 
ed god.  If  these  reflections  were  permitted  to  sway 
us,  how  different  would  be  our  course  of  action  ! 
Cold  selfishness  would  then  quicken  into  active  kind- 
ness. Instead  of  repelling  an  alien,  we  should  em- 
brace a  brother.  The  narrow  boundaries  of  clique, 
and  caste,  and  "  corporation,"  would  melt,  as  un- 
natural frost-chains,  in  the  darting  beams  that  radiate 
from  the  central  sun  of  Love,  whose  essence  and 
whose  spirit  is  God.  As  fast  as  ail  opaque  obstacles 
are  removed,  and  only  transparent  media  are  inter- 
posed, the  beams  from  that  life-giving  Sun  will  speed 
forth,  unobstructed,  to  cheer  the  waste  places  of  hu- 
man being  —  to  gladden  and  warm  into  fruitfulness, 
the  desert  and  the  wilderness  —  to  rouse,  and  invig- 
orate, and  enlighten,  the  utmost  verge  of  Humanity. 
The  true  spirit  of  Liberty,  which  is  but  a  manifesta- 
tion of  Love,  would  extend  and  enlarge  its  influence, 
in  continually  repeating  circles,  until  Patriotism, 
itself,  shall  be  bounded  only  by  the  boundaries  of 
the  world !     Are  these  thoughts  idle  and  imaginary  } 


202  MIGHT  AND  RIGHT. 

On  the  contrary,  I  believe  them  to  contain  deep  and 
fundamental  principles.  This  theory  was  the  ideal 
of  the  sages  of  '76.  From  the  sublime  height  on 
which  they  stood,  their  keen  eyes  penetrated  the 
dark  and  distant  Future  ;  and  to  the  optic  view  of 
Truth,  chaotic  and  discordant  elements  assumed 
shape  and  order  ;  until  they  perceived  the  whole  De- 
sign of  God,  in  all  its  greatness,  all  its  perfection, 
all  its  unity  ;  and  they  planned  their  first  great  work, 
as  far  as  they  might,  so  as  to  form  a  consistent  part 
of  the  stupendous  whole.  Until  this  Ideal  is  recog- 
nised, and  manifested  in  the  Acts  of  Statesmen,  in 
the  embodied  energies  of  controlling  minds,  the  me- 
lioration of  society  will  not  have  begun.  There  are 
obstacles  to  this  inevitable  tendency  of  human  affairs, 
in  most  countries ;  yet  even  the  greatest  are  becom- 
ing every  day  less  formidable,  for  wherever  there  are 
living,  thinking,  acting  minds,  there  must  be  reform, 
there  must  be  progress,  and  it  is  a  law  of  nature 
that  such  minds  multiply  each  other ;  but  for  us 
there  is  no  excuse.  Let  but  the  principles  embodied 
in  the  Declaration  of  Independence,*  be  carried  out 
in  practice  —  be  carried  home,  to  every  society,  and 
every  family,  and  the  work  is  done.  Let  us  then 
rescue  this  violated  instrument  from  the  disrespect 
and  abuse  into  which  it  has  fallen.  Let  us  repel, 
with  disgust  and  horror,  the  assertion  that  its  great 
doctrines  are  mere  "ethereal  abstractions;"  and  al- 
ways maintain  by  precept,  and  by  practice,  that  they 
are  vital  principles  of  truth,  which  are  the  very  sta- 
mina of  political  ethics.  The  venerable  John  Q,uincy 
Adams  has  said,  that  "  The  Declaration  of  Inde- 
pendence was  a  social  compact,  by  which  the  whole 
people  covenanted  with  each  citizen,  and  each  citi- 
zen with  the  whole  people."  It  seems,  then,  that 
even  the  unenfranchised  men  of  Rhode  Island  must 
have  been  party  to  this  compact,  and  rightful  recipi- 
ents, or  rather  candidates  for  all  it  promised ;  the 


MIGHT    AND     RIGHT.  203 

Rhode  Island  definition  of  "  People,"  and  Mr.  Dur- 
fee's  "  unit,"  to  the  contrary,  notwithstanding.  And 
when  it  is  necessary  that  this  should  be  asserted,  is 
not  liberty  in  danger  ?  Whoever  refuses  to  acknowl- 
edge the  absolute  truth  of  these  doctrines,  which  all 
consistently  great  men  throughout  the  world  have 
held  as  sacred,  is  unworthy  to  be  called  an  Ameri- 
can ;  and  if  Americans  are  not  roused  to  the  import- 
ance of  this  —  if  they  remain  much  longer  false  to 
their  high  trust  —  open  violators  of  the  principles 
which  lie  at  the  base  of  all  their  institutions,,  they 
must  be  denounced  as  political  hypocrites,  and  their 
name  will  become  a  mockery,  and  a  by-word, 
through  all  space,  and  through  all  time. 

One' point,  and  I  have  done  with  this  pamphlet. 
Mr.  Pitman  says  ;  "  Their  Convention  (the  People's) 
was  so  called,  and  constituted,  that  no  person,  other 
than  those  of  their  party,  could,  conscientiously,  be 
a  member  of  it.  Thus  a  great  majority  of  those 
who  have  the  deepest  interest  in  the  State,  could  not 
be  represented,  or  have  any  voice  in  the  formation 
of  this  Constitution.  Such  an  insult  to  a  free  peo- 
ple, is  only  to  be  equalled  by  the  #patience  with 
which  it  has  been  borne."  Now  I  cannot  answer 
for  the  "  conscience"  of  Mr.  Pitman's  party  ;  for  that 
has  shown  itself  a  very  subtle  and  slippery  thing, 
which  could  no  more  easily  be  taken  hold  of,  than  a 
living  eel  could  be  detained  in  the  hand,  as  an  apt  il- 
lustration of  stability  and  inhabitiveness  ;  but  it  is  not 
true  that  the  Freeholders  could  not  be  represented  in 
the  People's  Convention.  It  is  true  that  a  majority 
of  them  were  represented ;  and  equally  true,  that 
those  who  were  not,  would  not  be. 

And  now  for  the  pamphlet  entitled,  "  Charge  of 
the  Hon.  Chief  Justice  Durfee,  delivered  to  the 

*The  Algerine  Laws  are  a  happy  instance  of  the. exalted 
"  patience"  of  that  party ;  and  those  laws  were  brewing  when 
Mr.  Pitman  wrote. 


204  MIGHT    AND     RIGHT. 

Grand  Jury,  at  the  March  term  of  the  Supreme  Ju- 
dicial Court  at  Bristol,  Rhode  Island,  A.  D.  1842." 
This  charge,  the  gentleman  tells  us,  is  a  point  of 
duty,  which  he  is  not  at  liberty  to  forego  ;  and,  as 
he  is  so  conscientious,  we  may  safely  conclude  that 
he  is  honest.  He  begins  by  holding  forth  upon  the 
duty  of  allegiance,  and  the  guilt  of  treason  ;  the 
duty,  he  says,  "  begins  with  life  —  with  infancy  at 
the  mother's  breast,  and  if  he  continue  an  inhabitant, 
or  citizen  of  the  State,  it  terminates  only  with  the 
last  breath  which  delivers  the  spirit  over  to  its  final 
account  ;"  and  the  crime  he  describes,  as  "  one  of 
the  highest  of  which  a  human  being  can  be  guilty." 

He  then  recites  the  Resolutions  of  the  General  As- 
sembly against  the  Suffrage  men,  which  he  follows 
up  by  this  assurance  ;  "  Gentlemen,  whatever  I  shall 
say  to  you,  touching  these  resolutions,  shall  be  said 
with  the  full  and  entire  concurrence  of  each  member 
of  this  Court ;"  thus  subjoining  to  his  own  personal 
and  individual  opinion,  that  of  the  whole  court.  He 
then  proceeds :  "I  therefore  say  to  you,  that,  in  the 
opinion  of  this  court,  such  a  movement  as  that  de- 
scribed in  these  resolutions,  is  a  movement  which 
can  find  no  justification  in  law  ;  that  if  it  be  a  move- 
ment against  no  law  in  particular,  it  is,  nevertheless, 
a  movement  against  all  law ;  that  it  is  not  a  mere 
movement  for  a  change  of  rulers,  or  for  a  legal  re- 
form in  the  government,  but  a  movement,  which,  if 
carried  to  its  consequences,  will  terminate  the  State 
itself,  as  one  of  the  States  of  this  Union."  It  ap- 
pears tome  that  the  gentleman's  sense  of  "duty" 
moved  him  to  make  a  very  strange  assertion,  in  this 
case.  Did  he  really  believe  that  the  tendency  of  the 
Suffrage  Movement  was  to  terminate  the  existence 
of  the  State  ?  For  the  sake  of  his  character  for  ve- 
racity and  candor,  I  truly  hope  so. 

He  continues  :  "  When  great  masses  move,  they 
move  under  the  influence  of  excited  feelings.    When 


MIGHT    AND     RIGHT.  205 

the  object  is  to  attain  some  great  political  good,  real, 
or  supposed,  the  excitement  takes  for  its  law  of  ac- 
tion, some  ethereal  abstraction,  some  general  theo- 
retic principle,  true,  perhaps,  in  its  application  to  cer- 
tain theoretic  conditions  of  man,  but  utterly  false,  in 
its  application  to  man,  as  he  is.  This  "  theoretic 
abstraction"  is  understood  to  be  the  doctrine  that, 
"  All  men  are  created  free  and  equal ;"  for  this  doc- 
trine was  the  basis  of  the  Suffrage  Movement,  as  it 
was  that  of  '76.  But  how  a  law  can  be  true  in  the- 
ory, and  false  in  practice,  it  will  take  something  more 
than  a  Rhode  Island  Lawyer,  even  though  he  be  a 
Judge,  to  show.  What  is  a  theoretic  principle,  which 
admits  of  no  practical  application  ?  It  can  be  nothing 
more  than  a  mere  ebulition  of  fancy  —  a  nonentity. 
The  gentleman  certainly  appears  to  draw  his  "  facts 
from  the  imagination,  and  his  figures  from  memo- 
ry," learned  as  he  is.  Truth  is  true,  and  all 
beside  is  false ;  and  there  can  be  no  true  theory, 
which  will  not  bear  the  application  of  practice. 
Has  not  the  gentleman's  poetic  genius  a  propen- 
sity to  get  at  the  throat  of  his  reason  ?  Judging 
from  the  spirit  which  he  manifests,  we  may  safely 
infer  that  the  "  certain  theorectic  conditions  of  man," 
to  which  Mr.  Durfee  alludes,  would  remain  such  for- 
ever, for  all  his  exertions  to  the  contrary. 

He  continues  :  "  Gentlemen,  when  all  men  are  an- 
gels, and  of  the  same  order,  these  abstractions  may 
be  true  in  all  their  consequences,  but  never  in  their 
application  to  man  as  he  is."  Why  did  not  Jeffer- 
son insert  a  clause  like  that,  to  qualify  the  great  as- 
sertion in  his  Declaration  of  Independence  ?  Had  he 
lived  in  Rhode  Island,  in  these  days,  he  would, 
doubtless,'  have  been  instructed  so  to  do ;  and  the 
world  would  have  been  spared  much  useless  pother 
and  excitement,  in  regard  to  those  same  "  ethereal 
abstractions ;"  and  the  Despots  of  the  old  world 
18 


206  MIGHT    AND     RIGHT. 

would  never  have  had  occasion  to  sneer  at  the  pro- 
bable failure  of  our  "lively  experiment"  —  an 
event  which  Mr.  Durfee  and  his  associates,  seem 
anxious  to  anticipate  ;  since  they  are  so  early  putting 
their  parricidal  hands  to  the  corner  stone,  that  by  re- 
moving the  basis,  they  may  overthrow  the  whole 
superstructure.  Mr.  Pitman'  adopts  the  same  senti- 
ment, page  15.  "  But  it  is  said  that  all  men  have 
an  equal  right  to  suffrage.  If  this  be  admitted  in 
the  origin  of  society,  it  is  not  true  after  governments 
are  formed."  Perhaps  he  means  by  this,  that  the 
men  of  '76,  who  went  forth,  half  starved,  and  half 
naked,  to  battle  for  the  common  liberty,  were  thus 
made  equal.  They  were  equal  daring  all  the  ardu- 
ous labors  of  the  seed-time,  but  not  at  the  gathering 
in  of  the  harvest.  Does  the  Declaration  of  Inde- 
pendence teach  such  a  doctrine  ?  And  if  it  had  been 
so  understood,  would  our  independence  ever  have 
been'  achieved  ? 

But,  to  return.  Mr.  Durfee  says  ;  "  As  a  court,  it 
is  not  only  our  duty  to  try  offences,  when  commit- 
ted, but  to  prevent  them,  if  it  can  be  done,  by  mak- 
ing the  law  known."  Is  not  "making  the  law 
known"  to  the  public,  before  any  offence  has  been 
committed,  the  peculiar  province  of  the  Legislature  ? 
So  it  has  always  appeared ;  and,  further,  to  make 
the  law  known  to  the  Grand  Jury  of  a  county,  to 
aid  their  inquiries  into  offences  alleged  to  have  been 
com?nitted  already,  the  utmost  extent  of  the  duty  of 
a  court.  This  is  certainly  transcending  the  judicial 
boundaries ;  but  had  they  gone  no  further  than  this, 
it  would  not  have  been  quite  so  monstrous  a  thing. 
Bat  they  have  not  contented  themselves  with  "  mak- 
ing the  law  known;"  on  the  contrary,  they  have 
proceeded  to  pronounce  their  opinion  upon  the  ap- 
plication of  this  laiv,  not  to  any  case  which  had 
arisen,  or  was  likely  to  arise,  but  to  a  supposed  case, 
the  very  supposition  of  which,  threw  the  preponder- 


MIGHT    AND     RIGHT.  207 

ance  altogether  into  the  scales  of  one  of  the  two  great 
parties,  into  which  the  State  was  then  divided,  on 
the  subject  of  a  Constitution ;  and  was  calculated  to 
render  the  other  party  odious,  not  only  in  the  eyes 
of  this  State,  but  of  all  the  other  States  of  the  Union. 
It  is  commonly  said  among  Judges,  that  "  their  duty 
is  fully  discharged,  when  they  decide  cases  judicially 
brought  before  them,  after  hearing  all  the  circum- 
stances of  each  case,  and  full  argument  on  both 
sides."  Where  then  is  their  right  to  decide  capital 
cases  which  are  founded  only  in  the  anticipated 
criminal  acts  of  one  out  of  two  parties,  engaged  in  a 
heated  political  strife  ?  Such  decision  may  aid  the 
cause  of  one  of  those  parties ;  but  the  common  jus- 
tice must  suffer,  and  the  courts  be  disgraced,  wher- 
ever they  are  made.  But  these  are  not  the  deepest 
stains  on  our  judicial  ermine  —  these  are  not  the 
grossest  wrongs,  of  which  our  judges  have  been 
guilty.  As  if  determined  to  destroy  every  vestige  of 
their  dignity,  and  rend  their  ermine  to  fragments, 
they  have  travelled  at  large  through  the  State,  re- 
peating their  premature  decisions  —  lecturing,  and 
declaiming,  in  the  most  violent  and  heated  manner ; 
appealing  to  "  Heaven,  Earth,  and  Hell,"  before 
crowded  assemblies,  cheered  by  the  loud  plaudits  of 
one  party,  and  saluted  by  the  execrating  hisses  of  the 
other.  And  when  cases  of  alleged  treason  did  arise, 
where  were  the  uncommitted  Judges,  where  were 
the  impartial  Juries,  to  try  them  ?  There  were  none. 
Mr.  Durfee,  after  quite  an  elaborate  preamble,  pro- 
ceeds to  define  the  word  State,  thus  —  "  A  State  is 
a  legally  organised  people,  subsisting  as  such,  from 
generation  to  generation,  ivithout  end,  giving,  through 
the  forms  of  law,  the  wills  of  the  many,  to  become 
one  sovereign  will."  How  the  quality  of  being  end- 
less, should  be  a  necessary  feature  in  the  character 
of  a  State,  I  cannot  see.  There  is  but  one  supposa- 
ble   thing    "  without  end"    that  is   eternity ;    and 


208  MIGHT    AND    RIGHT. 

that  has  no  beginning  —  a  corresponding  feature 
which  has  always  been  associated  with  the  idea  of 
what  is  endless.  If  a  State  is,  necessarily,  "with- 
out end,"  why  all  this  bustle  and  talk  about  its  com- 
ing to  an  end  ?  In  the  very  page  preceding  that  con- 
taining his  definition,  Mr.  Durfee  says ;  "  I  proceed 
to  show  the  illegality  of  this  movement,  and  the  ruin 
which  it  portends.  I  repeat,  that  however  patriotic 
may  be  the  intent,  the  legal  effect  of  it  is  the  de- 
struction of  the  present  State,  and  the  construction 
of  a  new  State  out  of  its  ruins."  Now,  how  one  end- 
less thing  can  be  destroyed,  and  another  endless 
thing  constructed  upon  its  ruins,  I  cannot  understand. 
It  may  be  that  as  two  negatives  make  an  affirmative, 
so  two  endless  conditions  of  being,  produce  an  end 
of  being. 

In  immediate  connection  with  his  definition,  Mr. 
Durfee  says ;  "  There  is,  and  from  the  nature  of 
things  there  can  be,  no  sovereign  people  without 
law  ;  without  that  unity  which  the  law  gives  them, 
whereby  they  are  enabled  to  act  as  one ;  and,  con- 
sequently, there  can  be  no  sovereign  will  that  is  not 
expressed  through  the  forms  of  their  corporate  exist- 
ence." What  does  he  mean  by  this  ?  If  every  visi- 
ble code  and  form  of  law,  in  any  State,  should  be 
struck  out  of  being  in  a  single  moment,  would  the 
people  of  that  State  cease  to  be  a  sovereign  people  ? 
Are  laws  contained,  merely  and  solely  in  "  the  parch- 
ment on  which  they  are  engrossed  ?"  Does  the  law 
exist  prior  to  the  people  who  make  the  law  ?  Is  any 
created  thing  stronger  than  the  hand  which  created 
it  ?  Can  any  created  thing  be  made  paramount  to  the 
creating  power  ?  Does  he  mean  that  there  can  be 
no  exercise  of  their  sovereignty  by  the  sovereign 
people,  without  law  ?  If  he  means  pre-existing  writ- 
ten law,  the  assertion  is  utter  nonsense  j  but  if  he 
means  the  "  Law  and  the  Constitution  paramount," 
which  are  written  in  the  nature  of  every  mam  and 


MIGHT  AND  RIGHT.  209 

continue  to  exist  consociated  with  his  sovereignty, 
and  with  which  if  any  written  law  conflict,  it  be- 
comes invalid,  that  is  the  true  doctrine.  It  follows, 
of  course,  that  there  can  be  no  exercise  of  their  sove- 
reignty by  the  sovereign  people,  without  calling  law 
into  existence,  as  its  inevitable  consequence  ;  and, 
therefore,  sovereignty  makes  its  own  laws,  as  it  acts 

—  its  action  is  law  —  nor  can  its  action  be  limited 
or  restricted,  by  any  legislation,  subordinate,  inferior 
to,  or  even  on  an  absolute  equality  with  itself. 

I  have  already  noticed,  in  a  former  chapter,  the 
gentleman's  doctrine  of  "  Corporations,"  and  "  units." 
I  will  here  only  add,  that  I  think  he  has  misapplied 
terms.     His  "unit"  appears  to  be  a  cypher. 

He  attacks  and  overthrows  Mr.  Pitman's  idea  of  a 
State  de  facto,  being  recognised  by  Congress.  He 
was  far  too  cunning  to  admit  it.  But  mark  the  deep 
and  deadly  insinuations  in  the  following  paragraphs  I 
How  are  they  calculated  to  excite  the  already  ex- 
cited imagination,  conjuring  up  all  dire  thoughts  — 
all  horrible  images.  And  how  does  he  represent  the 
Suffrage  Party  ?  Under  the  symbol  of  FOUL 
BIRDS  AND  BEASTS  OF  PREY !  I  make  no 
comment ! 

"  Now,  gentlemen,  what  are  the  consequences  ?  It 
is  well  worth  while  to  inquire.  We  stand  upon  the 
brink  of  an  awful  gulf.  We  are  about  to  take  the 
leap,  and  we  may  well  feel  some  anxiety  to  look 
down  into  it,  and  obtain  a  glimpse  of  what  sort  of  a 
Tartarus  it  is,  into  which  we  are  about  to  make  the 
final  plunge. 

"  Gentlemen,  I  will  whisper  a  few  questions  to 
you,  all  of  which  I  dare  not,  for  the  peace  of  this 
State,  answer,  even  in  a  whisper.  There  is  too 
much  combustible  material  in  this  wide-spread  Union 

—  too  many  daring  and  reckless  adventurers  of  all 
sorts.     Gentlemen,  it  is  the  faith  of  the  untutored 

18* 


210  MIGHT    AND     RIGHT. 

savage,  that  certain  birds  of  the  air,  and  beasts  of  the 
desert,  are  endowed  with  something  like  a  prescience, 
or  foreknowledge  of  the  coming  banquet,  which  hu- 
man strife  is  to  provide,  and,  that  some  days  in  anti- 
cipation of  the  event,  they  come  from  all  quarters  of 
the  Heavens,  and  from'  all  the  far  depths  of  the  for- 
est, and,  congregating  in  the  neighborhood  of  the 
appointed  place,  eagerly  await  the  approaching  car- 
nage. I  do  not  want  to  be  heard,  or  understood,  by 
such  as  these.  Therefore,  will  I  not  answer  all  the 
questions  that  I  may  put,  but  simply  show  you  that 
there  are  such  questions. 

"  When  corporate  Rhode  Island  ceases  to  exist, 
what  becomes  of  her  delegation  to  Congress  ?  What 
becomes  of  her  bill  in  Chancery,  which  she  filed, 
claiming  through  her  charter,  and  through  that  only, 
a  portion  of  territory  within  the  jurisdictional  lines 
of  Massachusetts  ?  I  mention  this,  not  for  its  import- 
ance, but  for  its  illustration,  and  because  in  the  event 
supposed,  the  question  must  necessarily  arise,  What 
becomes  of  the  public  property  of  all  sorts  ?  Your 
court-houses  ?  Your  jails  ?  Your  public  records  ? 
Public  treasury,  bonds  and  securities  of  all  sorts, 
which  belong  to  the  present  corporate  Rhode  Island, 
and  to  her  only,  and  can  pass  from  her  only,  by  her 
Legislative  consent  ?  W'hat  becomes  of  the  actions 
now  pending  on  the  dockets  of  every  court  in  this 
State  —  bills  of  indictment  for  crimes  committed,  or 
that  may  be  committed?  What  becomes  of  your 
State  Prison,  and  your  convicts,  from  the  wilful 
murderer,  to  the  petty  thief?  What  becomes  of  your 
corporations  of  all  sorts  ?  Of  your  corporate  towns, 
and  their  records  ?  Nay,  are  there  not  questions 
touching  life,  liberty,  and  individual  property?  / 
dare  not  go  farther  ;  perhaps  I  have  already  gone 
too  far.  But  whatever  answer  may  be  given  to 
these  questions,  (and  answered  they  must  ultimately 
be,  in  the  Supreme  Court  of  the  Union,)  the  bare 


MIGHT    AND    RIGHT.  211 

fact  that  these  questions  must  be  raised,  tried,  and 
decided,  is  sufficient  to  send  a  thrill  of  horror  through 
the  heart  of  every  man,  woman  and  child  in  this 
State." 

If  there  ever  was  a  "  mountain  made  out  of  a  mole- 
hill," this  is  it.  But,  seriously ;  it  is  sufficient  dis- 
grace for  Rhode  Island,  that  the  Chief  Justice  of  her 
Supreme  Court,  forgetful,  at  once,  of  the  dignity  of 
his  station,  and  the  high  prerogative  of  his  office, 
should  descend  from  his  true  place,  and,  exchanging 
the  habit  of  ^he  Judge  for  that  of  a  stump  orator  — 
a  common  demagogue  —  prostitute  himself  as  the 
champion  of  a  Party,  by  adopting  the  party  spirit  — 
the  party  slang  —  and,  thus,  by  presenting  imagi- 
nary evils  to  view,  inflame  more  and  more  the  heat- 
ed passions,  (and  those  of  the  most  selfish  character) 
of  his  coadjutors.  This  is  truly  sufficient  disgrace  ; 
but  it  is  not  the  greatest.  The  mighty  in  Rhode 
Island  —  the  Lights  —  the  Sages  —  approved,  and 
especially  commended,  this  course  of  conduct. 

But  Mr.  Durfee  again :  "I  therefore  say  to  you, 
and  to  all  others  duly  qualified,  that  it  will  be  lawful 
for  you  to  vote  on  the  Constitution  now  submitted  to 
you  by  the  States  Convention ;  and  that  if  it  be 
adopted,  any  person  in  this  State  commits  a  breach 
of  allegiance  who  wilfully  fails  to  support  it."  What 
occasion  was  there  for  this  ?  To  encourage  men  to 
the  polls  for  the  support  of  one  party,  by  an  extra- 
judicial opinion  ?  How  could  the  Judge  foreknow  the 
means  used  for,  and  the  circumstances  of  the  adop- 
tion of  that  Constitution,  which  would  materially 
modify  the  duty  of  supporting  it  ?  But  to  say  that  a 
citizen  commits  a  breach  of  allegience,  by  not  voting 
for  a  Constitution,  whatever  it  may  be,  is  assuming 
too  much  for  any  man;  and,  in  a  Judge,  is  unwar- 
rantable, inexcusable. 

But,  further  ;  Mr.  Durfee  says  of  the  People's  Con- 
stitution :  "  Standing,  as  it  does,  alone,  and  without 


212  MIGHT    AND     RIGHT. 

any  legal  authority  to  support  it,  it  is  not  the  supreme 
law  of  this  State  ;  and  those  who  may  attempt  to  carry 
it  into  effect  by  force  of  arms,  will,  in  the  opinion  of 
this  court,  commit  treason  against  the  State  —  trea- 
son, perhaps,  against  the  United  States  —  for  it  will 
be  an  attempt  by  the  overt  act  of  levying  war,  to 
subvert  a  State,  which  is  an  integral  part  of  the 
Union ;  and  to  levy  war  against  one  State  to  that 
end,  we  are  apprehensive  will  amount  to  the  levying 
of  war  against  all."  Did  not  Judge  Durfee  know, 
that  the  crime  of  treason,  which  he  was  so  eager  to 
fasten  upon  one  party,  by  anticipation,  would  de- 
pend, in  the  individual  cases,  upon  circumstances 
which  could  not  come,  at  least  beforehand,  to  the 
knowledge  of  the  court ;  yet  which  would  be  neces- 
sary, in  order  to  the  formation  of  a  sound  judicial 
opinion  ?  The  Judges  in  this  case  not  only  declare 
the  law  before  the  offence  is  make  known,  but  they 
pronounce  upon  the  application  of  that  law,  thus 
forestalling  at  once  the  prerogatives  of  both  the  Le- 
gislature and  the  Jury. 

Yet  these  gentlemen,  in  common  with  other  Rhode 
Island  gentlemen  of  the  same  political  school,  talk 
a  great  deal  about  republicanism,  and  democracy. 
Their  sincerity  may  be  tested  by  a  very  concise  and 
laconic  definition  of  Montesquieu.  "  A  love  of  the 
republic  in  a  democracy,  is  a  love  of  the  democracy 
—  a  love  of  the  democracy  is  that  of  equality." 
There  is  one  principle  —  and  a  very  important  one, 
too  —  that  the  Chartists  of  Rhode  Island  either  can- 
not, or  will  not  perceive.  It  is  embodied  in  the  fol- 
lowing quotation.  "  It  is  not  a  change  from  the  ' 
present  state,  which,  perhaps  corruption  or  decay 
has  introduced,  that  makes  an  inroad  upon  the 
government  ;  but  the  tendency  of  it  to  injure  or  op- 
press the  people,  and  to  set  up  one  part,  or  party,  with 
a  distinction  from,  and  an  unnatural  subjection  to 
the  rest.     Whatsoever  cannot  but  be  acknowledged 


MIGHT    AND     RIGHT.  213 

to  be  the  advantage  to  the  society  will,  always,  when 
done,  justify  itself."  — -  Locke,  vol.  v.  p.  433. 

Jefferson,  in  his  Inaugural  Address,  says ;  "  The 
absolute  acquiescence  in  the  decisions  of  the  major- 
ity, is  the  vital  principle  of  republics,  from  which  is 
no  appeal,  but  to  force,  the  vital  principle,  and  im- 
mediate parent  of  Despotism." 

Notwithstanding  their  extra-judicial  opinions 
against  the  Suffrage  Party,  our  Judges  must  have 
known  that  both  their  doctrines  and  their  action  had 
been  sanctioned  by  Congress  in  the  case  of  Michi- 
gan, when  the  people  of  that  State,  acting  in  their 
original  and  sovereign  capacity,  without  the  consent 
of  the  Legislature,  and  even  in  opposition  to  its  in- 
terposed authority,  adopted  the  Constitution  on 
which  it  was  received  into  the  Union.  This  is  de- 
nied by  Judge  Durfee,  on  the  ground  that  Michigan 
was  a  Territory.  But  Michigan  had  a  government 
which  was  quite  as  near  to  the  "form"  which  the 
United  States'  Constitution  guarantees,  as  the  Char- 
ter Government  of  Rhode  Island ;  yet  this  govern- 
ment was  defended  by  the  Legislature,  and  subvert- 
ed by  the  people,  in  defiance  of  their  authority  ;  and 
Congress  put  the  great  national  seal  on  the  people's 
right.  In  North  Carolina,  also  the  same  doctrine  was 
appealed  to  by  the  people  in  the  western  part  of  that 
state,  who  were  about  to  put  it  in  practice,  when  the 
other  party  who  had  actual  possession  of  the  gov- 
ernment, gave  way. 

"  The  lust 
Of  power,  which  oft-times  took  the  fairer  name 
Of  liberty,  and  hung  the  popular  flag 
Of  freedom  out,'" 

has  wrought  its  full  proportion  of  mischief  in  Rhode 
Island ;  and  with  this  remark  I  close  the  chapter, 
which  is  already  too  long,  unless  it  had  a  better  sub- 
ject. 


214  MIGHT    AND    RIGHT. 

CHAPTER  XII. 


Pursuant  to  the  Resolution  which  had  passed  the 
General  Assembly  on  Monday,  March  28,  Governor 
King  issued  a  Proclamation,  on  Monday,  April  4, 
calling  upon  all  persons  who  had  been  engaged,  or 
concerned  in,  attempts  to  carry  the  People's  Consti- 
tution into  effect,  "  to  cease  all  further  proceedings 
therein,  as  they  will  answer  the  contrary  at  their 
peril;"  and  requiring  all  "Judges,  Justices  of  the 
Peace,  Sheriffs,  Deputy  Sheriffs,  and  Constables,  and 
all  Military  Officers,  within  their  respective  depart- 
ments, and  according  to  their  several  functions,  to  be 
vigilant  and  firm  in  detecting,  and  bringing  to  con- 
dign punishment,  all  persons  engaged  or  concerned 
in  such  enterprise."  In  obedience  to  this  Proclama- 
tion, the  Adjutant  General  issued  his  orders  to  the 
Commanders  of  the  several  Military  Companies, 
"  to  assemble  the  men  under  their  command,  and  di- 
rect them  to  be  in  readiness  at  thirty  minutes  warn- 
ing, armed  and  equipped ;"  and  also  an  order  to  all 
such  officers,  to  report  immediately  after  the  requir- 
ed meeting,  "  the  number  of  the  rank  and  file  under 
their  command,  with  a  statement  of  their  arms  and 
equipments." 

It  has  been  frequently  asserted,  and  is,  I  think, 
pretty  generally  believed,  that  the  Suffrage  Party 
made  the  first  Appeal  to  Force.  This  is  utterly  false. 
They  never  wholly  relinquished  their  hope  of  aid 
through  the  Legislature,  until  that  Body,  by  refusing 
them  the  right  to  be  represented,  in  the  Convention 
which  had  been  called,  for  the  purpose  of  forming  a 
State  Constitution,  finally  closed  the  door  against 
them.  Then,  and  then  only,  they  assumed  the  right, 
and  the  authority  of  the  Sovereign  People.     But 


MIGHT    AND     RIGHT.  215 

they  did  not  believe,  that  when  they  had  formed  a 
Constitution  according  to  all  American  forms  and 
usage,  and  adopted  the  same  by  a  vast  majority,  that 
their    fellow   citizens   would   be   arrayed   in   arms 
against  them,  to  compel  them,  at  the  point  of  the 
bayonet,  to  surrender  at  once  their  rights  and  their 
liberties.     They  would  not  believe  this  until  on  the 
1st  of  April,  when,  having  met  at  the  Town  House, 
news   arrived   there,    that   the    ARSENAL    WAS 
GARRISONED ! ! !    Consternation  and  horror  thrill- 
ed through  the  immense  Assembly  gathered  there, 
as  through  one  heart !  and  not  until  then  did  they 
pass  Resolutions  of  self-defence,  and  to  call  upon 
help   from    abroad.     Similar   meetings   were    held 
throughout  the  State,  passing  Resolutions  to  defend 
the  Constitution  to  the  utmost,  and  condemning  the 
Algerine  Laws,  which  had  been  emphatically  made, 
"  without  law,  and  against  law,"  since  they  not  only 
violated  the  law-paramount  — the  Law  of  Right,  but 
important  portions  of  the  written  law.     By  this  odi- 
ous Act,  is  a  Sheriff  permitted  to  act  "without  re- 
gard to  his  precinct ;"  and  a  Magistrate  is  allowed  to 
imprison  an  offender  in  the  jail  of  any  county  in  the 
State,  against  Sec.  62,  of  the  Criminal  Law  of  Rhode 
Island,  which  provides  that  "  all  persons  sentenced 
to  imprisonment,  shall  be  imprisoned  in  the  common 
jail  of  the  county  in  which  the  offence  shall  be  com- 
mitted."    The  accused  may  also  be  tried  in  any 
other  county  than  that  in  which  he  lives,  or  the  of- 
fence is  alleged  to  have  been  committed,  contrary  to 
the  provision  of  Sec.  60  of  the  same  Digest,  that 
"  persons  accused  of  any  crime  shall  be  proceeded 
against,  either  in  the  Supreme  Judicial  Court,  or  the 
Court  of  General  Sessions  of  the  county  wherein  the 
crime  or  crimes  charged,  may  be  committed"     This 
was  designed  to  harrass  all  those  who  might  dare 
assert  their  rights  —  to  oppress  the  poor  by  needless 
expenses  —  to  separate  them  from  their  families,  and 


216  MIGHT    X&D    RIGHT. 

to  obstruct  them  in  the  means  of  making  a  defence. 
Can  a  precedent  be  produced  from  the  British  laws, 
or  those  of  any  other  State  of  this  Union,  where  the 
jurisdiction  of  a  Sheriff  has  been  extended  beyond 
the  county  for  which  he  is  appointed  ?  The  alleged 
offender  against  the  law  has  a  right  to  demand  a  trial 
"  by  twelve  free  and  lawful  men,  of  the  body  of  his 
county,  by  whom  the  truth  of  the  matter  may  be 
better  known  ?  "  How,  then,  can  these  violations  of 
the  law,  be  valid  against  the  peace  and  security  of 
the  people  —  against  the  supreme  will  of  the  Peo- 
ple —  which  will  is  law  ?  Upon  what  principle  was 
that  portion  of  the  Law  founded,  which  declared  all 
meetings  of  the  people  for  the  purpose  of  discussing 
their  rights,  to  be  riotous,  and  subjected  all  who  at- 
tended such  meetings  to  the  danger  of  being  shot 
down,  should  they  not  retire  sufficiently  soon  after 
the  riot  act  might  be  read  ?  Yonder,  across  the  At- 
lantic, is  Ireland,  in  behalf  of  which  we  have  felt 
much  sympathy  j  yet  Repeal  Meetings,  for  the  avow- 
ed purpose  of  dissolving  the  Empire,  are  there  held, 
daily  and  nightly,  in  the  face  of  the  hireling  sol- 
diery of  England ;  yet  England  has  not  a  riot  act,  to 
drive  the  barbed  heel  quite  through  the  prostrate 
neck  of  her  sister  kingdom  ;  but  here,  in  Republican 
America  —  in  Republican  Rhode  Island  —  citizens 
may  be  shot  down  for  asserting  the  principles  of  the 
Declaration  of  Independence  ! !  If  this  is  Republi- 
canism, who  would  be  a  Republican  ?  Is  it  strange 
that  the  people  in  sheer  pride  should  rise  against 
these  things ;  and  if  there  was  a  single  principle  of 
manhood  in  them,  that  it  should  have  been  aroused, 
to  defy  powers  so  unwarrantable,  so  unjust,  so  mon- 
strous ! 

The  next  step  of  the  Charter  Government,  was  to 
despatch  Commissioners  to  Washington,  to  solicit  aid 
from  the  General  Government.  This  deputation, 
consisting  of  Messrs.  Whipple,  Francis,  and  Potter, 


MIGHT    AND    RIGHT.  217 

entirely  misrepresented  the  whole  matter.  They 
pretended  that  domestic  violence  was  apprehended  ; 
and,  by  implication,  that  force  had  already  been  exr 
erted  by  the  Suffrage  Party ;  whereas,  they  knew 
that  their  own  party  were  organising  to  put  down 
the  people  by  force.  They  sought  to  inflame  the 
strongest  prejudice  of  representatives  of  that  and 
other  influential  sections  of  the  country,  by  asserting 
that  under  the  People's  Constitution,  persons  were 
allowed  to  vote  without  any  regard  to  color,  although 
they  knew  that  by  an  express  provision  of  that  Con- 
stitution, colored  people  were  not  allowed  to  vote. 
These  misstatements  were  repeated,  and  reiterated,  by 
James  F.  Simmons,  Senator  from  Rhode  Island, 
then  in  Washington,  who  whispered  them  insidiously 
through  the  American  Court,  and  embodied  them  in 
an  Appeal  to  the  South.  The  Free  Suffrage  move- 
ment was  represented  as  being  one  with  the  Aboli- 
tion movement.  It  was,  truly,  an  Abolition  move- 
ment '';  but  it  had  for  its  sole  object  the  deliverance 
from  political  thraldom,  of  the  white  slaves  of  Rhode 
Island ;  and  this  both  the  Commissioners  and  Mr. 
Simmons  very  well  knew. 

They  represent  that  the  Legislature  were  influ- 
enced by  the  petitions  of  the  people,  at  their  January 
session  in  1841,  to  request  the  qualified  voters  to 
choose  Delegates  for  a  Convention,  to  frame  a  writ- 
ten Constitution.  But  they  omit  two  important  facts ; 
one  is,  that  the  Legislature  took  no  notice  of  these 
petitions ;  and  the  other  is,  that  the  "request"  con- 
fined all  the  action  on  the  proposed  Constitution,  to 
the  Freemen  and  their  eldest  sons.  Another  import- 
ant misrepresentation  is,  that  immediately  after  the 
above  request  was  issued  by  the  Legislature,  the 
Suffrage  Party  took  measures  to  countervail  those  of 
the  Assembly  —  but  they  neglect  to  tell  him,  that 
the  State  Committee  took  no  steps  towards  forming 
a  Convention,  but  patiently  awaited  the  result  of  an 
19 


218  MIGHT    AND    RIGHT. 

application,  which  they  expected  would  be  made  at 
the  June  session,  for  such  an  extension  of  suffrage,  as 
would  admit  others  than  Freemen  and  their  eldest 
sons,  to  vote  for  Delegates  to  the  proposed  Conven- 
tion. They  forget,  also,  that  this  application  was 
made  by  a  member  of  the  Legislature,  and  an  emi- 
nent friend  of  the  People,  anu1 ,  was  rejected  by  an 
overwhelming  majority.  They  j  state  not  that  the 
Legislature  refused  all  propositions  to  extend  suffrage, 
until  after  the  People's  Constitution  was  adopted  and. 
proclaimed  •  and  then  extended  i\  only  for  a  particu- 
lar purpose  —  for  a  single  occasion  —  to  vote  for  the 
Landholders'  Constitution.  They  state  that  all 
males  over  21  years  of  age,  were  admitted  to  vote 
for  the  adoption  of  the  People's  Constitution.  This 
was  not  true.  None  were  intentionally  admitted  to 
vote  by  the  People's  Moderators,  except  American 
citizens  who  had  their  permanent  residence  j  or  home, 
in  the  State,  and  were  of  lawful  age.  They  state 
that  these  meetings  were  not  under  presiding  officers, 
whose  legal  duty,  or  legal  right,  it  was  to  interpose 
any  check,  or  restraint,  as  to  age,  residence,  property, 
or  color ;  but  they  must  have  known  that  those  Mo- 
derators Avere  responsible  men,  acting  under  the 
highly  respected  authority  of  the  People's  Conven- 
tion, and  that  they  interposed  the  check  of  requiring 
every  voter  to  subscribe  to  the  fact  of  his  permanent 
residence,  as  well  as  his  age,  printed  on  his  vote  ; 
and  the  further  check  of  inquiring  either  of  himself, 
or  of  the  by-standers,  when  they  had  occasion  to 
doubt  the  fact.  The  Moderators  were,  truly,  not 
sworn ;  but  they  never  are,  in  Rhode  Island.  They 
do  not  directly  deny  that  a  majority  of  the  22,000 
people  of  the  State  voted  for  the  People's  Constitu- 
tion ;  but  a  denial  of  this  is  inferred  from  the  result 
of  the  vote  upon  the  Landholders'  Constitution. 
They  admit  that  8,600  votes  were  cast  against  that 
Constitution,    and   from    these    they   deduct    1000, 


MIGHT     AND    RIGHT.  219 

which  they  say  were  cast  by  friends  of  the  Charter  ; 
but  how  did  they  ascertain  that  ?  and  thus  having 
reduced  the  votes  of  the  People  against  the  Land- 
holders' Constitution  to  7,600,  they  take  it  for  grant- 
ed that  this  was  the  full  number  that  could  have 
been  cast  for  the  People's  Constitution.  The  rea- 
sons of  this  difference  have  been  given  in  a  former 
chapter.  I  shall  not,  therefore,  repeat  them.  But 
where,  I  would  ask,  did  the  gentlemen  get  their  au- 
thority for  supposing  that  a  negative  condition  could 
nullify  a  positive  act?  From  what  authority  did 
they  learn  that  a  principle  erected  on  such  a  basis, 
might  be  taken  for  truth,  without  question,  and 
acted  upon  as  truth,  to  the  injury  of  a  large  body  of 
men  ?  Had  they  shown  a  little  more  candor  —  had 
they  made  fewer  misstatements,  and  honestly  told 
the  whole  truth  of  the  matter,  they  might,  it  is  true, 
have  made  a  less  brilliant  figure  as  diplomatists,  but 
their  conduct  would  have  been  infinitely  more  honor- 
able to  them,  as  men. 

Upon  the  receipt  of  the  Adjutant  General's  orders 
by  the  Militia,  it  was  found  that  a  large  majority  of 
them  were  unwilling  to  meet  the  order,  by  holding 
themselves  in  requisition  by  the  Government,  to  be 
drawn  out  at  thirty  minutes  warning,  to  assist  in 
crushing  the  liberties  of  the  people  of  Rhode  Island, 
of  which  their  own  were  a  part.  There  was  a  large 
number  of  gay  young  men,  who  had  joined  the  se- 
veral independent  companies  of  Providence,  merely 
for  the  purpose  of  going  upon  excursions,  attending 
the  convivial  meetings  of  the  company,  iind  enjoy- 
ing themselves.  The  terms  of  their  admission  had 
been  merely  the  payment  of  a  fine  —  hence  they 
were  called  Fine-members.  These  members  had 
never  had  any  control  over  the  affairs  of  the  society  ; 
but  when  the  Algerine  officers  saw  that  the  majority 
were  going  against  them,' they  ^called  in  the  Fine- 
members  ;  and  through  them,  in  addition  to  persua- 


220  MIGHT    AND     RIGHT. 

sion,  threats,  and  artifice,  they  succeeded  in  gaining 
over  to  the  side  of  the  Government  (so  called)  a  ma- 
jority of  the  forces. 

I  should  have  said  that  Doctor  Brown,  President 
of  the  Suffrage  Association,  had  been  sent  to  Wash- 
ington, in  order  to  represent  there  the  claims  of  his 
party  ;  where  he  arrived  before  the  Charter  Delega- 
tion. He  called  on  a  large  number  of  the  members 
of  both  Houses  j  and  they  pronounced  the  doings  of 
the  Legislature  "  of  no  binding  effect,  whatever," 
but  "  entirely  at  variance  with  Right,  Reason,  and 
Constitutional  Law."  He  was  well  received  by  the 
President,  who  told  him  that  Mr.  Whipple  had  called 
on  him  the  night  before,  and  said  that  everything, 
black,  white,  and  gray,  voted  for  the  People's  Con- 
stitution, and  that  without  law  or  order ;  and  that 
both  Constitutions  amounted  to  one  and  the  same 
thing.  The  President  required  a  statement  of  the 
past  and  present  doings  of  the  Suffrage  Party,  which 
Dr.  Brown  made  out,  and  presented.  In  the  mean 
time  he  wrote  home,  in  high  hope.  I  quote  the  con- 
clusion of  his  letter  —  which,  being  from  a  promi- 
nent and  influential  person,  will  go  far  to  show  that 
even  up  to  this  time,  the  hope  and  trust  of  the  peo- 
ple, was  in  right,  and  not  in  force. 

"  Permit  me  to  urge  upon  the  people,  the  necessity 
of  using  every  exertion  to  preserve  order  and  quiet  in 
the  community.  Provoke  not  ill  feeling  ;  but  stand 
firm  and  unwavering.  We  have  nothing  to  fear. 
The  God  of  our  Fathers  is  with  us.  The  sovereignty 
of  the  People  will  be  established. 

"  11  o'clock,  P.  M.  I  have  just  returned  from  a 
visit  to  the  President,  and  one  thing  is  certain,  the 
President  and  the  Cabinet  will  never  send  an  armed 
force  to  Rhode  Island,  or  in  any  other  way  attempt 
to  prevent  the  people  from  obtaining  their  just  rights. 
There  will  be  no  attempt  to  put  the  Law  of  the  Ge- 


MIGHT    AND     RIGHT.  221 

neral  Assembly  in  force,  and  the  people  can  go  on 
without  fear  or  molestation." 

And  again,  from  on  board  the  steamboat  —  Dela- 
ware River,  Sunday,  2  o'clock,  P.  M.,  he  writes ; 
"  The  President  talks  in  strong  terms  of  the  doings 
of  the  General  Assembly,  and  says  that  the  Law 
(Algerine  Act)  was  uncalled  for.  He  will  write  to 
Gov.  King  this  week ;  but,  depend  upon  it,  he  will 
give  no  encouragement  of  interfering  with  the  affairs 
of  Rhode  Island." 

On  the  14th  day  of  April,  Gov.  King  issued  a  pro- 
clamation, announcing  that  he  had  received  a  letter 
from  the  President ;  and  immediately  thereupon,  the 
Letter  of  John  Tyler  was  made  known  to  the  people. 

In  the  first  paragraph  Mr.  Tyler  says  : 

"  I  shall  not  adventure  the  expression  of  an  opinion  upon  those 
questions  of  domestic  policy,  which  seem  to  have  given  rise  to 
the  unfortunate  controversies  between  a  portion  of  the  citizens 
and  the  existing  Government  of  the  State.  They  are  questions 
of  Municipal  regulation,  the  adjustment  of  which  belongs  exclu- 
sively to  the  people  of  Rhode  Island,  and  with  which  this  govern- 
ment can  have  nothing  to  do.r 

But  did  he  not  express  an  opinion  by  assuming 
that  the  Charter  Government  was  "  the  existing 
government  ?"  Did  he  not  know  that  the  questions 
had  been  adjusted  by  the  People  of  Rhode  Island  ? 
He  knew  that  the  General  Government  had  some- 
thing to  do  with  it,  and  that  the  people  of  Rhode 
Island  had  a  right  to  claim,  by  the  Constitution  of 
the  United  States,  that  a  Republican  Government 
should  be  erected  over  them !  These  facts,  even  the 
sophistry  and  misrepresentations  of  the  Commission- 
ers could  not  have  concealed.  The  people  had  done 
all  they  could  do,  peaceably.  They  had  resisted  the 
strongest  provocations  to  violence.  They  had  seen 
themselves  denounced  as  malefactors,  and  made  the 
subjects  of  the  most  cruel  and  odious  laws.  Strong 
in  the  faith  of  the  great  American  principle,  and  that 
19* 


222  MIGHT    AND    RIGHT. 

the  Government  of  the  United  States  would,  and 
must  vindicate  it,  they  went  eagerly  on  with  their 
work ;  and  when  they  had  finished  it,  they  sent  an 
agent  to  Washington,  to  demand  the  redemption  of 
the  National  pledge ;  yet,  strange  to  say,  the  Presi- 
dent and  his  Cabinet,  together  with  the  whole  Whig 
press,  boldly  denied  the  principle,  but  for  which, 
these  United  States  must  have  been  now  British  Co- 
lones,  and  stigmatised  the  men  as  TRAITORS,  who 
had  dared  to  assert  it !  This  is  no  trifle.  I  ask  if 
such  men,  and  such  a  press,  should  bear  sway  in  a 
Republican  government ;  or  if  a  government  can  be 
Republican,  where  they  are  permitted  to  bear  sway  ? 
After  reciting  the  4th  Section  of  the  4th  Article  of 
the  Constitution  of  the  United  States,  and  portions 
of  the  Act  of  Congress  approved  February  28th, 
1795,  also  a  portion  of  the  Act  of  March  3d,  1807, 
Mr.  Tyler  says : 

"  By  a  careful  consideration  of  the  above  recited  acts  of  Con- 
gress, your  Excellency  will  not  fail  to  see,  that  no  power  is  vest- 
ed in  the  Executive  of  the  United  States,  to  anticipate  insurrec- 
tionary movements  against  the  Government  of  Rhode  Island,  so 
as  to  sanction  the  interposition  of  the  military  authority,  but  that 
there  must  be  an  actual  insurrection  manifested  by  lawless  as- 
semblages of  the  people  or  otherwise,  to  whom  a  proclamation 
may  be  addressed,  and  who  may  be  required  to  betake  themselves 
to  their  respective  abodes.  I  have,  however,  to  assure  your  Ex- 
cellency, that  should  the  time  arrive,  and  my  fervent  prayer  is 
that  it  may  never  come,  when  an  insurrection  shall  exist  against 
the  Government  of  Rhode  Island,  and  a  requisition  shall  be  made 
upon  the  Executive  of  the  United  States  to  furnish  that  protec- 
tion which  is  guaranteed  to  each  State  by  the  Constitution  and 
laws,  I  shall  not  be  found  to  shrink  from  the  performance  of  a 
duty,  which,  while  it  would  be  the  most  painful,  is  at  the  same 
time  the  most  imperative.  I  have  also  to  say,  that  in  such  a  con- 
tingency, the  Executive  could  not  look  into  real  or  supposed  de- 
fects of  the  existing  government,  in  order  to  ascertain  whether 
some  other  plan  of  government  proposed  for  adoption,  was  better 
suited  to  the  wants,  and  more  in  accordance  with  the  wishes  of 
any  portion  of  her  citizens.  To  throw  the  Executive  power  of 
this  Government  into  any  such  controversy,  would  be  to  make 
the  President  the  armed  arbitrator  between  the  people  of  the  dif- 
ferent States  and  their  constituted  authorities,  and  might  lead  to 


MIGHT    AND    RIGHT.  223 

an  usurped  power,  dangerous  alike  to  the  stability  of  the  State 
Governments  and  the  liberties  of  the  people.  It  will  be  my  duty, 
on  the  contrary,  to  respect  the  requisitions  of  that  government 
which  has  been  recognised  as  the  existing  Government  of  the 
State  through  all  time  past,  until  I  shall  be  advised  in  regular 
manner,  that  it  has  been  altered  and  abolished,  and  other  substi- 
tuted in  its  place,  by  legal  and  peaceable  proceedings,  adopted 
and  pursued  by  the  authorities  and  people  of  the  State." 

It  is  generally  understood  that  the  Commissioners 
misrepresented  the  condition  of  things  in  Rhode 
Island,  in  order  to  induce  Mr.  Tyler  to  go  beyond 
his  constitutional  authorities  j  that  they  gave  him 
the  assurance  that  they  would,  on  their  return  home, 
exert  their  power  to  have  an  act  of  amnesty  passed 
by  the  Legislature,  which  was  then  in  session,  and 
thus  relieve  the  President  from  the  necessity  of  ever 
sending  his  troops  here.  But  this  they  found  the 
Governor  and  Council  unwilling  to  do.  The  object 
of  the  Commissioners  was,  undoubtedly,  to  prevent 
the  question  from  being  carried  before  the  Tribunal 
of  the  Nation,  as  that  event  would  present  many 
chances  against  them.  Every  effort  was  made  at 
Washington  to  silence  anything  like  a  fair  discussion 
of  the  subject.  Mr.  Allen,  a  member  of  the  Senate 
from  Ohio,  ventured  to  call  in  question  the  correct- 
ness of  the  position  assumed  by  Tyler,  and  attempt- 
ed to  bring  the  whole  subject  under  discussion.  He 
was  immediately  cried  out  against  as  an  abolitionist. 
Flaming  articles  appeared  in  the  Madisonian,  the 
Court  Gazette  of  the  President,  denouncing  Mr.  Dorr 
as  an  abolitionist,  and  his  followers  as  traitors  against 
the  country.  But  at  the  same  time,  Mr.  Simmons, 
and  all  the  enemies  of  Freedom,  were  allowed  to 
speak,  and  were  heard. 

It  is  impossible  to  describe  the  consternation,  and 
horror,  produced  by  this  letter,  among  the  Suffrage 
Party.  Complete  dismay  overwhelmed  the  naturally 
timid ;  and  even  the  strongest  hearts  became  op- 
pressed with  unwonted  heaviness.     They  could  not 


224  MIGHT    AND     RIGHT. 

believe  that  John  Tyler  would  refuse  to  lend  his 
countenance  to  the  great  American  principle  upon 
which  the  General  Government  was  originally  found- 
ed—  upon  which  the  Confederation  gave  place  to 
the   Constitution  —  upon  which  every  one   of  the 
older   States  entered  the  Union  —  and  which  had 
been  but  lately  exemplified  in  the  case  of  Michigan. 
They  could  not  believe  that  the  President  of  the 
American  Republic  would  thus  openly  disavow  the 
republican  principle,  that  the  people  are  the  source 
of  all  power  —  that  they  are  the  only  rightful  au- 
thors of  constitutions  —  that  they  are  not  to  be  for- 
ever shackled  by  their  own  servants,  though  these 
appear  in  the  shape  of  a  Legislature  —  and  that  when 
they  act  in  the  peacable  exercise  of  their  sovereign 
and  inalienable  rights,  such  acts  are  to  be  respected 
as  the  law-paramount.     It  appears  that  no  inquiry, 
no  investigation  of  the  matter,  was  made  or  held. 
The  Constitution  of  the  United  States  guarantees  to 
every  State  of  the  Union  a  Republican  form  of  gov- 
ernment ;  and  when  a  very  large   majority  of  the 
people  claimed  to  have  instituted  such  a  form  of  gov- 
ernment, was  it  not  worth  while  to  inquire  whether 
it  might  not  be  true,  of  some  other  than  the  people's 
enemies  ?  Would  it  not  have  been  as  well  to  count 
the  votes,  and,  if  need  were,  to  call  upon  the  voters, 
and  test  their  validity  ?  To  ascertain,  if  possible,  if 
the  claims  of  the  Constitutionists  were  valid ;  and, 
if  necessary,  refer  the  question  to  the  Supreme  Court 
of  the  United  States  ?    The  President,  in  his  letters 
to  Gov.   King,  makes  no  allusion  whatever  to  any 
such  constitutional  question ;    he  never  even  asks 
whether  a  majority  of  the  People  of  Rhode  Island 
had  adopted  the  Constitution,  but  with  the  utmost 
coolness,  cut  himself  aloof  from  all  authorities,  from 
all  constitutional  responsibilities,  and,  without  sanc- 
tion, committed  the  daring  act  of  interposing  the 
strong  arm  of  this  Republic,  to  crush  the  people  of 


MIGHT    AND    RIGHT.  225 

Rhode  Island,  for  the  offence  of  asserting  themselves 
free,  and  claiming  to  exercise  the  rights  of  freemen. 
This  act  was  founded  on  a  principle  so  monstrous 
and  unjust,  that,  if  taken  advantage  of,  a  despotic 
Monarchy  could  have  been  established,  and  the 
word  of  the  Chief  Magistrate  was  pledged  to  sus- 
tain it. 

Let  the  Genius  of  American  Liberties  cast  aside 
her  beautiful  garments,  and  gird  herself  with  sack- 
cloth. Let  her  prostrate  herself  in  the  dust,  and 
cover  her  head  with  ashes.  She  must  mourn,  in  the 
bitterness  of  undeserved  wrong,  all  the  days  when 
such  men  as  John  Tyler,  and  his  advocates,  bear 
sway  m  the  land ! 

The  letter  of  Tyler  was  a  virtual  declaration  of 
war  against  a  majority  of  the  People  of  Rhode  Island, 
and  that  in  behalf  of  a  usurped  government,  which 
was  neither  republican  in  its  origin,  nor  its  tenden- 
cies. He  pledged  himself  to  sustain  by  the  forces 
of  the  United  States,  a  minority  government,  which 
had  been  but  recently  twice  condemned,  not  only  by 
a  majority  of  the  people,  but  by  a  majority  ot  the 
Landholders.  By  what  right  did  he  pledge  himself 
to  exert  the  forces  of  the  Nation  against  the  senti- 
ment, and  against  the  principles  of  a  major  portion 
of  the  people  of  the  community  ?  By  what  right  did 
he  pledge  himself  to  sustain  the  Algerine  law,  which 
contains  provisions  wholly  repugnant  to  the  Consti- 
tution of  the  United  States,  and  all  constitutional 
government  ?  What  right  had  he  to  terrify  and  over- 
awe the  people,  and  thus  prevent  them  from  the 
peaceable  exercise  of  their  rights,  in  the  only  way  in 
which  they  could  assert  them;  and  thus  put  the 
broad  seal  of  the  United  States  upon  the  bond  which 
was  to  enslave  three-fifths  of  the  people  of  Rhode 
Island,  a  sovereign  and  independent  State  ?  What 
right  had  he  to  suppose  that  the  Charter  Government 
was  "  the  existing  government,"  and  that  the  gov- 


226 


MIGHT  AND  RIGHT. 


eminent  under  the  People's  Constitution,  which  had 
been  called  into  existence  by  a  majority  even  of  the 
Freemen,  was  not  the  existing  government  —  or 
that  the  peaceable  exercise  by  the  people  of  their 
inalienable  rights,  was,  or  could  be,  "  an  act  of  vio- 
lence ?"  Why  did  he  assume  the  dangerous  power 
which  he  so  emphatically  denounces,  and  make  him- 
self "an  armed  arbitrator  between  the  people  of 
Rhode  Island,  and  their  consituted  authorities;"  au- 
thorities which  had  been  legally  constituted,  if  it  is 
in  the  power,  of  any  body  of  men  to  generate  a  le- 
gal act  ?  What  right  had  John  Tyler  to  say,  through 
his  sanction  of  the  Algerine  Law,  that  the  people  of 
Rhode  Island  should  not  peaceably  convene  them- 
selves, for  the  purpose  of  discussing  their  political 
duties  and  relations,  without  subjecting  themselves 
to  the  danger  of  being  shot  down  as  rioters  ?  These 
questions  will  be  answered  —  they  must  be  answer- 
ed, and  that  probably  at  no  distant  day. 

The  immediate  effect  of  Tyler's,  letter  upon  the 
people's  cause,  was  discouraging  in  the  extreme.  In 
all  events  which  are  to  be  brought  about  through  the 
action  of  large  bodies  of  men,  confidence  is  the 
central  pivot  upon  which  success  turns.  Destroy 
this,  and  it  is  like  destroying  the  power  of  gravita- 
tion in  the  natural  world  —  the  centripetal  force  — 
the  power  of  union  is  broken,  and  disorder  and  ruin 
ensue.  There  is  no  doubt  that  thousands  who  voted 
for  the  Constitution,  dared  not  vote  for  the  officers 
under  it,  because  the  Federal  Executive  had  assum- 
ed to  decide  against  their  rights ;  and  they  foresaw 
that  a  carrying  out  of  their  principles  would  involve 
the  crime  of  treason,  and  the  horrors  of  civil  war. 

It  was  exceedingly  difficult  to  find  candidates  for 
the  several  offices  on  the  People's  Ticket.  It  has 
been  often  said,  that  Thomas  W.  Dorr  had  ambitious 
aims  in  the  part  which  he  took  in  Rhode  Island  af- 
fairs.    Looking  back  at  the  line  of  governors  who 


MIGHT    AND     RIGHT.  227 

had  preceded  him,  he  must  have  been  very  "  ambi- 
tious," in  consenting  to  become  one  of  their  number  ! 
This  he  at  first  positively  refused  to  do.  He  was 
urged,  entreated,  to  no  purpose  ;  nor  would  he  con- 
sent, until  assured  that  the  ruin  of  the  cause  would 
be  involved  in  his  refusal. 

Under  the  sanction  of  a  name  so  dearly  loved  — 
so  highly  venerated,  the  people  gathered  a  tempo- 
rary confidence.  They  soon  had  their  ticket  re- 
spectably filled ;  and  they  went  about  the  business 
of  their  election  in  somewhat  better  spirit. 

Encouraged  by  the  favorable  aspect  of  their  affairs, 
under  the  patronage  of  Tyler,  the  Algerines  returned 
to  the  attack  with  renewed  vigor ;  and  the  cry  of 
'•'Banks  and  Beauty,"  "  Booty  and  Beauty!"  was 
raised  in  the  Journal,  and  repeated,  and  reiterated, 
through  the  State,  and  throughout  the  country.  %No- 
thing  could  have  been  more  injurious  that  this.  It 
was  undoubtedly  fabricated  by  the  College  street 
Junto,  and  their  minions  j  and  it  proved  itself  wor- 
thy of  the  nest  where  it  was  fledged.  They  knew 
when  they  sent  it  forth,  that  it  was  false  as  Hell  ! 
And  the  cry  was  repeated,  and  shouted  to  the  four 
winds,  by  libertines  of  the  blackest  dye  —  by  crea- 
tures so  obscene  —  so  vile  —  so  filthy  with  crime, 
that  common  decency  could  not  approach  them  with- 
out contamination.  These,  and  such  as  these,  told 
the  world  that  Thomas  Wilson  Dorr,  the  pure  and 
upright,  the  lofty  of  heart  and  soul,  was  a  whole- 
sale robber  —  a  wholesale  murderer  —  a  wholesale 
violator  of  the  most  sacred  domestic  rights  —  and 
that  he  was  gathering  together  a  band  of  despera- 
does —  of  worse  than  assassins,  under  a  promise  that 
they  should  share  the  spoils  of  plundered,  and  bleed- 
ing, and  violated  Providence  !  There  is  "no  tongue 
so  vile,  but  finds  a  kindred  ear ;  "and  they  were  not 
unheard. 

A  cry  was  also  raised  against  foreigners  and  priest- 


228  MIGHT    AND     RIGHT. 

craft.  Inflammatory  speeches  were  made,  abusive 
placards  were  issued,  and  an  excitement  was  got  up 
to  act  upon  the  prejudices,  and  inflame  the  already 
heated  passions  of  the  people.  They  did  not  choose 
to  remember,  that  during  the  last  war,  when  an  at- 
tack upon  Boston  by  the  British,  was  threatened  and 
expected,  a  foreigner,  and  a  Catholic  Bishop,  the  ex- 
cellent and  lamented  Cheverus,  went,  at  the  head 
of  his  foreign  Catholic  congregation,  to  build  breast- 
works for  the  defence  of  the  city.  He  exhorted  his 
flock  to  resist  the  invading  foe,  and  set  the  example 
by  working  himself.  They  forgot  that  our  natural- 
ised citizens,  subjects  of  the  British  crown,  have 
cheerfully  taken  up  arms,  as  American  citizens,  al- 
though they  knew,  that  should  they  be  taken  by  the 
mother  country,  who  will  never  cancel  the  allegiance 
of  her  subjects,  they  would  be  shot,  as  traitors  ;  yet 
where  is  an  instance  of  their  proving  faithless  to  the 
country  of  their  adoption  ?  But  a  day  will  surely 
come,  to  answer  for  these  things,  also. 

The  election  took  place  on  the  18th  of  April,  and 
Thomas  W.  Dorr  was  elected  Governor.  There  had 
been  three  tickets  in  Rhode  Island.  The  People's 
Ticket,  headed  by  Thomas  W.  Dorr  ;  the  Rhode 
Island  Prox,  headed  by  Samuel  W.  King,  and  the 
Freemen's  Republican  Ticket,  headed  by  Thomas 
P.  Carpenter.  Mr.  King  received  4,900  votes,  Mr. 
Carpenter  800,  and  Mr.  Dorr  6,200. 

April  25,  a  special  session  of  the  Legislature  was 
called  by  Gov.  King,  who  transmitted  to  that  body 
a  message,  saying  that  probably  no  legislation  was 
needed,  after  what  had  been  done  the  last  session  — 
that  a  Delegation  had  been  sent  to  the  President ; 
he  recited  what  he  termed  the  traitorous  proceedings 
of  the  Suffrage  Party ;  and,  in  view  of  them,  re- 
commended to  the  House  the  propriety  of  calling  on 
the  General  Government  for  assistance.  He  recom- 
mended an  organization  of  troops,  and  the  appoint- 


MIGHT    AND     RIGHT.  229 

ment  of  a  board  of  counsellors  for  the  assistance  of 
the  Executive.  April  26,  Resolutions  were  passed 
for  the  organization  of  the  military,  to  enlist  and  ac- 
cept the  service  of  volunteer  soldiers  —  to  draw  on 
the  Treasury  for  the  support  of  the  soldiers  —  to  ap- 
point a  board  of  counsellors  —  and  to  authorise  the 
Governor  to  employ  a  private  Secretary,  at  the 
State's  expense,  to  aid  in  his  duty.  Against  this 
whole  course  of  raising  a  standing  army  in  time  of 
peace,  Mr.  Atwell  strongly  protested,  and  as  strongly 
urged  the  propriety  of  conciliatory  measures.  Mr. 
Jackson  offered  a  Resolution  calling  for  a  Convention 
to  form  a  Constitution,  and  providing  that  all  who 
pay  a  tax  on  $150  worth  of  property,  should  vote 
for  delegates  —  a  ratio  of  representation  was  also 
fixed  upon.  A  motion  of  postponement  of  this  Re- 
solution was  made.  Mr.  Atwell  said,  a  sword  was 
suspended  by  a%single  hair  over  the  heads  of  the  Ge- 
neral Assembly ;  postpone  the  Resolution,  and  the 
hair  was  broken.  He  approved  the  Resolution,  all, 
save  the  qualification  ;  said  the  people  wanted  some- 
thing now,  beside  promises.  He  feared  the  effect 
upon  some  anxious  for  their  rights,  and  many  ready 
to  bleed  for  them.  He  went  into  a  history  of  the 
number  of  petitions  offered.  He  had  rolls  upon  rolls 
of  them ;  and  it  was  strangely  impolitic  to  tell  the 
people,  when  their  petitions  were  treated  with  con- 
tumely, that  they  must  petition  again ;  and  to  tell 
them  if  they  did  not  like  the  laws,  they  might  go 
out  of  the  State. 

The  House  was  called,  and  the  postponement  was 
carried,  by  45  to  12. 

A  Bill  was  passed  for  the  organization  of  volun- 
teer police  companies  in  the  city  of  Providence,  and 
the  Assembly  adjourned  to  meet  at  Newport,  after 
having,  in  their  two  last  sessions,  filled  the  measure 
of  their  arbitrary  power.  In  the  vindictive  and  ty- 
rannical spirit  of  Rehoboham,  they  have  transcended 
20 


230  "   MIGHT    AND     RIGHT. 

the  measure  of  their  Fathers'  oppression,  and  they 
cease  not  to  declare,  "  My  little  finger  shall  be  thicker 
than  my  father's  loins.  And  now,  whereas  my  father 
did  load  you  with  a  heavy  yoke,  /  will  add  to  your 
yoke ;  my  father  has  chastised  you  with  whips,  but 
I  will  chastise  you  with  scorpions."  And  they 
have  more  than  made  good  their  declaration. 

May  1st,  and  just  in  time  to  anticipate  the  meeting 
of  the  Constitutional  Legislature,  two  companies  of 
Artillery,  belonging  to  the  United  States'  troops, 
were  ordered  from  Fort  Columbus  in  New  York  har- 
bor, to  occupy  Fort  Wolcott,  which  had  not  been 
garrisoned,  and  Fort  Adams,  near  Newport,  Rhode 
Island,  under  the  pretence  of  protecting  the  public 
property  there  ;  and  to  replace  these,  two  companies 
of  the  same  number,  were  ordered  to  Fort  Columbus 
from  Fort  Monroe,  Virginia,  (Old  Point  Comfort.) 
Simultaneous  with  these  arrangements,  General 
Wool,  the  second  in  command  of  the  Army  of  the 
United  States,  was  ordered  to  Rhode  Island.  How 
dared  John  Tyler  to  send  his  hireling  soldiery  to  oc- 
cupy a  Fort  built  at  the  national  expense,  to  repel  a 
foreign  foe  —  not  to  endanger  the  safety  of  Ameri- 
can citizens,  while  exercising  their  inalienable  rights, 
in  establishing  that  republican  form  of  government, 
which  the  Constitution  guarantees  to  them  ?  How 
dared  he  profane  that  old  outpost,  sacred  to  freedom 
and  popular  rights,  by  placing  strong  forces  there,  to 
overawe  and  terrify  into  submission  to  a  despotic 
minority,  a  long-suffering,  and  much-injured  people  ? 
And,  as  if  his  meaning  should  not  by  any  possibility 
be  mistaken,  40  round  of  ball  cartridges  we?*e  distri- 
buted to  the  men,  at  parade,  on  the  morning  of  their 
arrival.  In  the  face  of  all  these  circumstances  — - 
the  accumulation  of  troops  in  Rhode  Island  —  the 
ordering  there  of  veteran  and  experienced  officers  •— 
the  bringing  of  troops  from  Fort  Monroe  within  sup- 
porting distance  —  the   people  are  told   that  all  is 


MIGHT    AND     RIGHT.  231 

done  merely  with  a  view  to  the  protection  of  the 
public  property ;  and  this  weak  and  miserable  sub- 
terfuge, alike  dishonorable  to  the  Government,  and 
insulting  to  the  People,  was  persisted  in,  and  directly 
asserted  in  an  Extra  Madisonian,  lest  the  whole 
country  should  be  indignant  at  these  unwarrantable 
measures.  But  this  "  paltering,  in  a  double  sense," 
had  all  the  iniquity,  the  meanness  of  falsehood,  with- 
out producing  its  effects.     No  one  was  deceived. 

Tuesday,  May  3d,  the  Constitutional  Government 
was  organised,  and  the  ceremony  of  inauguration 
took  place.  As  the  public  buildings  still  remained 
in  the  hands  of  the  Chartists,  an  unfinished  build- 
ing, designed  for  a  Foundry,  was  procured  for  the 
purpose  ;  and  hence  the  Assembly  of  the  People  has 
been  sneeringly  called  the  "  Foundry  Legislature." 

The  procession,  while  it  had  no  single  feature  of 
a  pageant,  was,  altogether,  the  most  imposing  of  any 
I  ever  witnessed.  There  they  were,  the  hard-hand- 
ed mechanics  and  the  sun-burnt  farmers,  walking  the 
earth  erect  as  man  ever  should  —  every  one  with  a 
light  in  his  eye  and  an  expression  of  conscious  dig- 
nity on  his  brow,  as  if  a*new  beam  of  truth  had  just 
then  broke  in  upon  his  soul,  revealing,  for  the  first 
time,  in  its  distinct  legibility,  "  Here  lives  a  Man." 
But  the  Algerine  Fops  and  Aristocrats  saw  no  moral 
dignity  in  this,  and  even  Doctors  of  Divinity  beheld 
no  evidence  of  "strong  feeling."  They  are  to  be 
pitied,  who  could  perceive  only  u  a  farce"  in  such 
an  array !  There  was  no  appearance  of  disorder,  or 
even  levity ;  but  a  feeling  deep  as  the  heart's  core 
beamed  in  their  honest,  intelligent  faces,  which  were 
turned  up  to  the  blue  Heaven,  as  if  they  were  un- 
consciously appealing  there,  for  the  right,  which 
was  so  soon  to  be  denied  them  here.  The  Chief 
Magistrate  appeared  on  foot.  Well  worthy  was  he 
of  the  place  he  filled  —  right  worthy  to  be  the  cham- 
pion of  the  Rights  of  Man.     He  had  grown,  and 


232  MIGHT    AND     RIGHT. 

strengthened,  a  scion  of  oak,  amid  the  mushroom 
aristocracy  of  Rhode  Island,  and  subjected  to  influ- 
ences which  nothing  but  oak  could  resist,  and  still 
be  strong. 

The  Constitutional  Assembly  passed  an  Act,  Re- 
pealing the  Algerine  Laws,  and  resolutions  requesting 
the  Governor  to  inform  the  President  of  the  United 
States,  that  the  Government  of  this  State  had  been 
duly  elected,  and  organised  under  the  Constitution  of 
the  same,  and  that  the  said  Assembly  was  then  in 
session,  and  proceeding  to  discharge  its  duties,  ac- 
cording to  the  provisions  of  the  said  Constitution  ; 
that  the  Governor  should  make  the  same  communi- 
cation to  the  President  of  the  Senate,  and  Speaker 
of  the  House  of  Representatives,  to  be  laid  before 
the  two  Houses  of  the  Congress  of  the  United 
States ;  and  also  to  the  Governors  of  the  different 
States,  to  be  laid  before  the  respective  Legislatures. 

The  Message  of  Governor  Dorr  is  a  document 
which  would  do  honor  to  any  State.  It  is  at  once 
manly  and  dignified  in  the  assertion  of  right,  and 
courteous  towards  opposers.  It  is  evidently  the  work 
of  a  great  mind,  and  a  true  heart,  the  embodied 
thought  of  one  whose  large  and  magnanimous  views 
of  life  and  society,  will  never  be  interrupted  or  cir- 
cumscribed, by  the  boundaries  of  sect  or  party ;  but 
must  be  associated  with  action,  having  for  its  object 
the  welfare  of  man.  No  public  document  to  be  com- 
pared with  it  for  statesmanship  and  dignity,  had  ever 
before  emanated  from  a  Governor  of  Rhode  Island. 
It  narrates  with  much  clearness  and  perspicuity,  the 
origin  and  progress  of  the  Suffrage  Movement,  and 
in  its  whole  tone  and  spirit,  it  affords  a  happy  con- 
trast to  the  speeches  and  writings  of  his  opponents. 
Gov.  Dorr  has  too  much  real  dignity  ever  to  be 
wanting  in  gentlemanly  courtesy.  It  is  only  small 
men  who  use  the  small  missiles  of  incivility  and 
personal  abuse.     The  truly  great  are  always  courte* 


MIGHT    AND     RIGHT.  233 

ous.  Self-respect  requires  this.  The  man  who 
abuses  another,  either  by  language  or  otherwise,  de- 
scends at  least  to  his  level,  however  low  he  may  be, 
and  frequently  below  it  ;  but  this  is  a  fact  of  which 
the  Chartists  of  Rhode  Island  seem  to  be  not  at  all 
aware.  Take  the  following  passage  as  evidence  that 
Gov.  Dorr  considered  himself  the  rightfully  elected 
Governor  of  the  State,  under  a  Constitution  regularly 
framed  and  adopted. 

"That  the  sovereignty  of  this  country  resides  in  the  People,  is 
an  axiom  in  the  American  system  of  government,  which  it  is  too 
late  to  call  in  question.  By  the  theory  of  other  governments,  the 
sovereign  power  is  vested  in  the  head  of  the  State,  or  shared 
with  him  by  the  Legislature.  The  sovereignty  of  the  country 
, from  which  we  derive  our  origin,  is  in  the  King  and  Parliament; 
and  any  attempt  to  change  the  government  of  that  country,  would 
be  deemed  an  insurrection.  There  all  reform  must  proceed  from 
the  government  itself;  which  calls  no  conventions  of  the  people, 
and  recognises  no  such  remedy  for  political  grievances.  In  this 
country  the  case  is  totally  the  reverse.  When  the  Revolution 
severed  the  ties  of  allegience,  which  bound  the  Colonies  to  the 
parent  country,  the  sovereign  power  passed  from  its  former  pos- 
sessors, not  to  the  General  Government,  which  was  the  creation 
of  the  States,  nor  to  the  State  Governments,  nor  to  a  portion  of 
the  people,  but  to  the  whole  people  of  the  States,  in  whom  it  has 
ever  since  remained.  This  is  the  doctrine  of  our  Fathers,  and 
of  the  early  days  of  the  Republic,  and  should  be  sacredly  guard- 
ed as  the  only  safe  foundation  of  our  political  fabric.  The  idea 
that  government  is  in  any  proper  sense  the  source  of  power  in 
this  country,  is  of  foreign  origin,  and  at  war  with  the  letter  and 
spirit  of  our  institutions.  The  moment  that  we  admit  the  prin- 
ciple, that  no  change  in  government  can  take  place  without  per- 
mission of  the  existing  authorities,  we  revert  to  the  worn-out 
theory  of  the  monarchies  of  Europe ;  and  whether  we  are  the  sub- 
jects of  the  Czar  of  Russia,  or  the  monarch  of  Great  Britain,  or 
of  a  landed  oligarchy,  the  difference  to  us  is  only  in  degree,  and 
we  have  lost  the  reality,  though  we  may  retain  the  form  of  a  De- 
mocratic Republic." 

I  will  indulge  in  a  few  more  extracts,  which  illus- 
trate not  only  the  spirit  of  the  man,  but  the  spirit 
of  the  party,  and  the  spirit  of  the  Enterprise. 
20* 


234  MIGHT   AND    RIGHT, 

"Your  attention  will  be  required  to  the  force  law  and  Re- 
solutions recently  adopted  by  the  General  Assembly,  for  the  sup- 
pression of  the  Constitution.  Laws  like  these,  which  violate,  in 
some  of  their  provisions,  the  well  known  privileges  enjoyed  by 
the  subjects  of  the  British  Monarchy,  could  hardly  find  favor  in 
the  land  of  Roger  Williams.  These  enactments  have  been  re- 
garded by  the  considerate  men  among  our  opponents  as  most  im- 
politic and  unjust,  and  by  the  people  as  null  and  void,  because 
conflicting  witli  the  paramount  provisions  of  the  Constitution. 
Military  preparations  have  been  made  by  direction  of  the  Assem- 
bly, and  the  people  have  been  consequently  put  on  the  defensive. 
But  this  is  not  the  age  nor  the  country,  in  which  the  will  of  the 
people  can  be  overawed  or  defeated  by  measures  like  these."     * 

"We  are  assembled  in  pursuance  of  the  Constitution,  and  un- 
der a  sacred  obligation  to  carry  its  provisions  into  effect.  Know- 
ing the  spirit  which  you  have  manifested  throughout  this  exciting 
controversy,  the  moderate  but  determined  course  which  you  have 
pursued,  your  love  of  order,  and  respect  for  all  Constitutional 
laws,  and  for  the  rights  of  all  other  persons,  while  engaged  in  the 
acquisition  of  your  own,  I  hardly  need  remind  you  of  your  duty 
to  cast  behind  you  all  injuries  and  provocations,  and  leave  them 
to  the  retributive  justice  of  public  opinion,  which  will  ultimately 
appreciate  every  sincere  sacrifice  to  the  cause  of  truth,  of  free- 
dom, and  humanity.  Entertaining  the  deep  and  earnest  conside- 
ration that  we  are  engaged  in  such  a  cause,  and  conscious  of  our 
own  imperfections,  let  us  implore  the  favor  of  that  Gracious 
Providence  which  guided  the  steps  of  ow  ancestors,  upon  this  our 
attempt  to  restore  and  permanently  secure  the  blessings  of  that 
well  ordered  and  rational  freedom  here  established  by  the  patri- 
otic founders  of  our  State. 

"The  provisions  of  the  Constitution  relating  to  the  security  of 
the  right  of  suffrage  against  fraud,  and  to  the  registration  of 
voters,  will  require  your  immediate  action.  The  State  demands 
of  its  government  an  economical  administration  of  affairs,  and 
will  justly  complain  of  any  increase  of  it3  expenses,  at  the  pre- 
sent period. 

"  I  cannot  more  appropriately  conclude  this  communication, 
than  in  the  words  of  the  Constitution,  which  declares  that  •  No 
favor  or  disfavor  ought  to  be  shown  toward  any  man,  or  party,  or 
society,  or  religious  denomination.  The  laws  should  be  made, 
not  for  the  good  of  the  few,  but  of  the  many,  and  the  burdens  of 
the  State  ought  to  be  fairly  distributed  among  its  citizens." 

But  the  Journal  of  May  5th,  tries  —  very  feebly 
—  very  unfortunately  —  to  get  up  a  laugh  at  its  ex- 
pense j  calls  it  nothing  but  "  a  patchwork  of  his  own 


MIGHT    AND    RIGHT.  235 

speeches,  and  the  articles  in  the  New  Age,  on  the 
sovereignty  of  the  People,"  the  "  speeches  of  Mr. 
Parmenter,"  &c,  and  pronounced  it  to  be  "  in  the 
regular  style  of  the  Town  House  orators."  Let  pos- 
terity, then,  judge  for  themselves.  They  will  keep 
Gov.  Dorfs  Message,  and  like  unto  that,  were  the 
"agrarian"  and  "disorganising"  speeches,  lectures, 
and  meetings,  of  the  Suffrage  men  of  Rhode  Island, 
in  their  eighth  struggle  for  Right.  The  Constitu- 
tional Legislature  without  having  transacted  much 
important  business,  adjourned  Wednesday  afternoon, 
May  4th,  to  meet  at  Providence  on  the  4th  day  of 
July. 

On  Wednesday,  May  4th,  the  Charter  Government 
met  at  Newport,  and  the  inauguration  number  two, 
took  place.  The  Charter  Assembly  passed  resolu- 
tions, declaring  that  an  insurrection  existed  in  the 
State.  A  requisition  was  made  on  the  President, 
and  envoys  were  despatched  to  Washington  for  the 
purpose  of  asserting  their  claims.  The  procession 
was  meagre,  notwithstanding  great  efforts  were  made 
to  get  up  an  imposing  spectacle  j  two  of  the  companies 
being  subjected  to  a  fine  of  $4  per  annum,  for  non-at- 
tendance. Several  ministers  of  the  gospel  also  graced 
the  procession,  they  having  ascertained  that  the  Peo- 
ple's cause  was  on  the  wane,  true  to  the  instinct  of 
the  genus,  which  scents  popularity  as  a  crow  scents 
carrion,  afar  off,  had  withdrawn  themselves  from  its 
support. 


236  MIGHT    AND     RIGHT. 


CHAPTER  XIII. 

RESIGNATIONS. 

On  the  evening  of  Monday,  the  2d  of  May,  a  cau- 
cus was  held  at  the  Governor's  Head  Quarters,  where 
the  question  was  discussed,  whether  the  public  pro- 
perty should  be  taken  possession  of,  or  not.  This 
measure  was  recommended  by  Gov.  Dorr,  as  the 
only  avenue  to  success,  and  was  urged  by  him  with 
characteristic  energy  and  strength :  it  was  also  ably 
sustained  by  George  H,  Brown,  a  very  promising 
young  member  from  Gloucester.  But,  strange  to 
say,  this  measure,  the  absolute  necessity  of  which 
so  plainly  appeared,  was  opposed,  with  more  or  less 
strength,  by  almost  the  whole  body,  beside  ;  and  one 
of  them,  at  least,  threatened  Mr.  Dorr,  that  if  he  per- 
sisted in  it,  he  would  entirely  withdraw  his  support 
and  countenance,  which  were  of  so  considerable  im- 
portance, that  they  could  not  thus  be  violently  with- 
drawn, without  involving  injury,  if  not  ruin,  to  the 
cause  itself.  This  gentleman,  who  assumed  so  im- 
portant a  part  in  the  crisis,  is  an  old  politician,  and 
used  only  to  the  sinuous  windings  of  a  politician's 
course.  He  knew  not  how  to  go  straight  forward. 
He  knew  not  that  there  was  an  overwhelming  tide 
of  public  sentiment,  and  public  feeling,  all  in  his 
favor,  and  ready  to  bear  him  on  triumphantly  to  the 
goal ;  but  which,  if  not  taken  advantage  of,  would 
react  as  strongly  in  another  direction,  or  be  dispersed 
without  action.  Had  Mr.  Dorr  been  sustained  in 
this  measure,  success  would  have  been  secure,  in 
spite  of  everything  —  including  John  Tyler's  Let- 
ter, and  that  without  the  loss  of  a  single  drop  of 


MIGHT    AND     RIGHT.  237 

blood.  No  one  now  pretends  to  doubt  this;  and 
all,  I  believe,  see  their  folly.  The  Algerines  would 
not  have  dared  to  lift  a  musket,  until  they  saw  the 
United  States'  troops  close  at  their  heels ;  or,  what 
would  have  been  much  better,  marching  in  their 
van ;  and  before  this  could  have  been  effected,  the 
Constitutionists  would  have  presented  a  Government 
de  facto,  as  well  as  a  Government  de  jure. 

I  question  not  the  honesty  of  intention  —  the  true 
patriotism  of  those  members  who  thus  opposed  Gov. 
Dorr,  however  unwise  their  conduct  may  appear  now. 
They  were  influenced  by  right  feeling,  and  right 
motives,  and  not  by  cowardice,  as  has  been  frequent- 
ly asserted ;  and  that  they,  and  the  men  they  led, 
were  capable  of  being  swayed  by  such  motives,  is, 
of  itself,  undeniable  evidence  against  the  slander  of 
their  enemies.  When  was  a  horde  of  demi-civilised 
barbarians,  ever  brought  to  the  point  where  success 
would  be  almost  the  inevitable  result,  with  the  pros- 
pect of  pillage,  and  the  gratification  of  the  most 
brutal  appetites ;  and,  in  full  view  of  all  they  had 
sought,  lying  temptingly  before  them,  arrested,  and 
held  in  check,  through  fear  that  blood  might  be 
spilled  —  that  war  might  be  the  consequence  of 
their  progress?  Never.  The  fact  is  incontroverti- 
ble ;  and,  by  its  single  evidence,  proves  the  Alge- 
rines a  body  of  liars,  when  they  have  asserted  that 
the  Suffrage  Party  were  seeking  only  plunder,  and 
blood,  and  the  violation  of  female  sanctity  !  when 
they  have  called  them  robbers,  and  cannibals,  and 
('  worse  than  cannibals ;"  cries  which  have  been 
echoed,  and  re-echoed  through  this  wide  land,  until 
the  free  winds  are  disgusted  with  repeating  them  ! 

The  fact  cannot  be  disguised,  that  the  Suffrage 
Party  unwillingly  resorted  to  force,  and  that  only  m 
defence  of  principles  they  had  pledged  themselves 
to  sustain  ;  whereas,  on  the  other  hand,  the  very  first 
measures  taken  by  the  Chartists,  were  of  a  warlike 


238 


MIGHT    AND     RIGHT. 


character.  But  to  return  to  a  vindication  of  the  mo- 
tives of  the  Constitutional  Legislature,  in  the  act 
above  alluded  to.  No  one  ever  expressed  a  doubt  of 
the  legality  of  the  government,  or  of  the  Constitu- 
tion, or  of  the  legal  right  of  the  government  to  take 
possession  of  the  State's  property.  The  only  ques- 
tion was,  whether  it  was  expedient  to  assume  a  hos- 
tile attitude  towards  the  Charter  Government,  backed 
up  as  they  were  by  the  whole  military  and  naval 
force  of  the  United  States.  They  believed,  too, 
that  the  question  would  be  fairly  tried  before  the 
tribunal  of  the  Nation ;  and  they  said  they  would 
not  so  much  as  turn  the  key  of  the  State  House 
door,  lest  it  should  be  construed  into  an  act  of  vio- 
lence. They  were  willing  to  wait  patiently  for  the 
justice,  which  they  knew  they  must  receive.  The 
shame  of  their  disappointment  rests  not  on  them. 

On  the  4th  of  May,  Governor  Dorr  issued  the  fol- 
lowing : 

STATE    OF    RHODE    ISLAND   AND    PROVIDENCE    PLANTATIONS. 

A  PROCLAMATION. 

BY  THE  GOVERNOR  OF  THE  SAME. 

Whereas,  the  General  Assembly,  on  the  3d  day  of  May,  1842, 
passed  the  following  Resolution  : 

Resolved,  That  the  Governor  be  requested  to  make  known  by 
Proclamation  to  the  People  of  this  State,  that  the  Government 
under  the  Constitution  thereof  has  been  duly  organised,  and  call- 
ing upon  all  persons,  both  civil  and  military,  to  conform  them- 
selves to  said  Constitution,  and  to  the  laws'  enacted  under  the 
same,  and  to  all  other  jurisdiction  and  authority  duly  exercised 
under  and  by  virtue  of  the  same. 

And  whereas  the  General  Assembly,  on  the  4th  day  of  May, 
1842,  passed  the  following  Resolutions: 

Resolved,  That  the  Governor  be  further  requested  to  call  on 
all  persons,  who  are,  or  may  become,  indebted  to  the  State,  to 
make  payment  to  the  duly  appointed  officers  and  agents,  under 
the  provisions  of  said  Constitution ;  and  to  make  known  to  all 
person.'},  that  no  payment  to  any  other  officers  or  agents  than 
those  aforesaid,  will  be  considered  as  a  discharge  of  their  obli- 
gations. 

Resolved,  That  the  Governor  be  requested  to  call  on  all  per- 


MIGHT    AND     RIGHT.  239 

sons,  who  are  in  possession,  or  have  charge  of  any  of  the  public 
property,  to  deliver  th$  possession  or  charge  of  said  property  to 
the  authorities  and  officers  acting  under  the  Constitution  and  laws 
ot  the  State. 

Now,  therefore,  I,  Thomas  W.  Dorr,  Governor  of  the  State, 
do  hereby,  as  requested,  proclaim  and  make  known  said  Resolu- 
tions to  the  People  of  the  State,  and  call  upon  all  persons  to  con- 
form themselves  thereto,  and  to  govern  themselves  accordingly. 

r        -J       In  testimony  whereof,  I  have  hereunto  set  my  hand, 
ll*  S,J  and  caused  the  seal  of  the  State  to   be  affixed,  at  the 
City  of  Providence,  this  4th  day  ot  May,  A.  D.  1842. 
THOMAS  W.  DORR,  Governor. 
By  command  of  the  Governor, 
Witness 

WM.  H.  SMITH,  Secretary  of  State. 

On  the  same  day,  Daniel  Brown,  Representa- 
tive under  the  People's  Constitution,  was  arrested  at 
Newport.  On  the  5th,  Dutee  J.  Pearce  was  arrested 
at  the  same  place ;  and  on  the  6th,  Burrington  An- 
thony, at  Providence  ;  and  arrests  and  resignations 
became  the  order  of  the  day.  On  the  7th,  Gov. 
Dorr  set  off  for  Washington,  to  represent  in  person 
the  situation  of  affairs ;  and  on  the  12th,  a  large 
Mass  Meeting  was  held  in  the  Court  of  the  State 
House,  and  Resolutions  were  passed  unanimously, 
that  no  more  arrests  should  be  permitted,  and  to  pro- 
tect their  Chief  Magistrate  at  all  hazards.  The  ut- 
most excitement  at  this  time  prevailed. 

Gov.  Dorr,  on  visiting  Washington,  finding  that 
the  heads  of  the  various  departments  were  altogether 
opposed  to  his  plans,  returned  to  New  York,  where 
he  was  received  with  the  strongest  demonstrations  of 
respect  and  confidence.  He  returned  on  the  16th, 
and  was  escorted  from  the  Stonington  Depot,  by  a 
large  parade  of  the  military  and  private  citizens.  A 
splendid  carriage,  drawn  by  white  horses,  had  been 
prepared  for  his  accommodation  ;  and  as  the  proces- 
sion moved  through  the  principal  streets  of  the  city, 
the  beloved  Governor  was  welcomed  home,  with  the 


240  MIGHT    AND     RIGHT. 

most  cheering  expressions  of  joy.  When  he  had 
arrived  on  Federal  Hill,  Mr.  Dorr  stood  up  in  the 
carriage  and  addressed  the  People,  in  a  very  noble 
and  animated  speech.  He  spoke  of  the  hearty  and 
warm  reception  he  had  met  with  in  New  York,  and 
then  drew  from  his  belt  a  sword,  which  was  present- 
ed him  in  that  city.  He  said  it  was  presented  by 
the  brother  of  a  gallant  officer  who  perished  in 
the  Florida  wars,  while  in  the  service  of  his  country. 
"  He  was  a  brave  man,"  said  he.  "  He  has  used 
this  sword,"  laying  it  across  his  arm,  "  in  the  cause 
of  his  country  ;  and  I  am  ready  to  use  it  in  the  cause 
of  Freedom.  It  was  never  dishonored  in  his  hands, 
and  it  never  shall  be  in  mine."  An  officer  in  the 
carriage  took  the  sword,  and  nourished  it  in  the  pre- 
sence of  the  spectators,  who  greeted  it  with  hearty 
and  continued  cheers.  This  is  the  whole  sum  and 
substance  of  the  famous  sioord  speech,  Algerine  false- 
hoods, and  false  swearing,  to  the  contrary,  notwith- 
standing. 

On  the  1 1th,  Gov.  King  issued  a  proclamation,  to 
announce  the  arrival  of  Tyler's  second  letter,  in 
which  the  President  fully  exhibits  the  feelings  of 
one,  conscious  that  he  has  been  dragged  reluctantly 
into  a  mean  scrape,  and  is  holding  back  as  hard  as 
he  can.  He,  however,  gives  the  renewed  assurance 
of  sustaining  the  Chartists  in  their  unholy  measures, 
and  they  are  satisfied  therewith. 

The  requisition  to  surrender  the  public  property 
had  not  been  complied  with.  The  powers  vested 
in  the  Executive  to  reclaim  this  property,  had  not 
been  exercised.  Complaints  began  to  be  made  at 
the  delay,  and  the  Chief  Magistrate  was  a  prisoner 
under  the  protection  of  his  friends  ;  a  constant  mili- 
tary attendance  being  necessary  for  his  personal  se- 
curity. The  Government  could  not,  without  com- 
promising its  own  dignity  and  relf-respect,  longer 


MIGHT    AND    RIGHT.  241 

delay  to  take  some  decisive  measure.  In  view  of 
these  facts,  on  the  16th  Gov.  Dorr  issued  the  fol- 
lowing : 

STATE    OF    RHODE    ISLAND   AND    PROVIDENCE    PLANTATIONS. 

A  PROCLAMATION. 

By  Tkomas  W.  Dorr,  Governor  and  Commander  in  Chief  of  the 

same. 

Fellow  Citizens  : — Shortly  after  the  adjournment  of  the  Ge- 
neral Assembly,  and  the  completion  of  indispensable  executive 
business,  I  was  induced  by  the  request  of  the  most  active  friends 
of  our  cause  to  undertake  the  duty,  which  had  been  previously 
suggested,  of  representing"  in  person  the  interests  of  the  People 
of  Rhode  Island  in  other  States,  and  at  the  seat  of  the  General 
Government.  Bv  virtue  of  a  resolution  of  the  General  Assem- 
bly, I  appointed  Messrs.  Pearce  and  Anthony  Commissioners  for 
the  same  purpose. 

Of  the  proposed  action  of  the  Executive  in  the  affairs  of  our 
State,  you  have  been  already  apprised.  In  case  of  the  failure  of 
the  civil  posse,  (which  expression  was  intended  by  the  President 
as  I  have  been  informed  to  embrace  the  military  power)  to  exe- 
cute any  of  the  laws  of  the  Charter  Assembly,  including  their 
laws  of  pains  and  penalties,  and  of  treason,  as  it  has  been  for  the 
first  time  defined,  the  President  intimates  an  intention  of  resort- 
ing to  the  forces  of  the  United  States,  to  check  the  movements  of 
the  People  of  this  State  in  support  of  their  Republican  Constitu- 
tion recently  adopted. 

From  a  decision  which  conflicts  with  the  right  of  sovereignty 
inherent  in  the  People  of  this  State,  and  with  the  principles  which 
lie  at  the  foundation  of  a  Democratic  Republic,  an  appeal  has 
been  taken  to  the  People  of  our  country.  They  understand  our 
cause;  they  sympathise  in  the  injuries  which  have  been  inflicted 
upon  us;  they  disapprove  the  course  which  the  National  Execu- 
tive has  adopted  toward  this  State ;  and  they  assure  us  of  their 
disposition  and  intention  to  interpose  a  barrier  between  the  sup- 
porters of  the  People's  Constitution  and  the  hired  soldiery  of  the 
United  States.  The  democracy  of  the  country  are  slow  to  move 
in  any  matter  which  involves  an  issue  so  momentous  as  that 
which  is  presented  by  the  controversy  in  Rhode  Island.  But 
when  they  have  once  put  themselves  in  motion,  they  are  not  to 
be  easily  diverted  from  their  purpose.  They  believe  that  the 
People  of  Rhode  Island  are  in  the  right ;  that  they  are  contend- 
ing for  equal  justice  in  their  political  system;  that  they  have 
properly  adopted  a  Constitution  of  government  for  themselves,  as 
they  .were  entitled  to  do ;  and  they  cannot,  and  will  not,  remain 
indifferent  to  any  act,  from  whatever  motive  it  may  proceed, 
which  they  deem  to  be  an  invasion  of  the  sacred  right  of  self- 
21 


242  MIGHT    AND    RIGHT. 

fovernment,  of  which  the  People  of  the  respective  States  cannot 
e  divested. 

As  your  representative,  I  have  been  everywhere  received  with 
the  utmost  kindness  and  cordiality.  To  the  People  of  the  city  of 
New  York,  who  have  extended  to  us  the  hand  of  a  generous  fra- 
ternity, it  is  impossible  to  overrate  our  obligation  at  this  most 
important  crisis. 

It  has  become  my  duty  to  say,  that,  so  soon  as  a  soldier  of  the 
United  States  shall  be  set  in  motion  by  whatever  direction,  to 
act  against  the  People  of  this  State,  in  aid  of  the  Charter  Gov- 
ernment, I  shall  call  for  that  aid,  to  oppose  all  such  force,  which, 
I  am  fully  authorised  to  say  will  be  immediately  and  most  cheer- 
fully tendered  to  the  service  of  the  People  of  Rhode  Island,  from 
the  city  of  New  York  and  from  other  places.  The  contest  will 
then  become  national,  and  our  State  the  battle  ground  of  Ameri- 
can freedom. 

As  a  Rhode  Island  man,  I  regret  that  the  Constitutional  ques- 
tion in  this  State  cannot  be  adjusted  among  our  own  citizens. 
But,  as  the  minority  have  asked  that  the  sword  of  the  National 
Executive  may  be  thrown  into  the  scale  against  the  People,  it  is 
imperative  on  them  to  make  the  same  appeal  to  their  brethren  of 
the  States  ;  an  appeal  which,  they  are  well  assured,  will  not  be 
made  in  vain.  They  who  have  been  the  first  to  ask  assistance 
from  abroad,  can  have  no  reason  to  complain  of  any  consequences 
which  may  ensue. 

No  farther  arrests  under  the  law  of  pains  and  penalties,  which 
was  repealed  by  the  General  Assembly  of  the  People  at  their 
May  session,  will  be  permitted.  I  hereby  direct  the  military  un- 
der their  respective  officers,  promptly  to  prevent  the  same,  and  to 
relieve  all  who  may  -be  arrested  under  said  law. 

As  requested  by  the  General  Assembly,  I  enjoin  upon  the  mili- 
tia forthwith  to  elect  their  company  officers  ;  and  I  call  upon  vol- 
unteers to  organise  themselves  without  delay.  The  military  are 
directed  to  hold  themselves  in  readiness  for  immediate  service. 

Given  under  my  hand,  and  the  seal  of  the  State,  at 

[l.  s.]  the  City  of  Providence,  this  6th  day  of  May,  A.  D. 
1842. 

THOMAS  W.  DORR,  Governor 
and  Commander  in  Chief  of  the  State  of  Rhode  Island  and  Pro- 
vidence Plantations*. 

By  the  Governor's  command, 

William  H.  SmitB,  Secretary  of  State. 

On  the  17th  of  May  a  direction  was  issued  to  the 
military  of  the  several  towns,  to  repair  to  Head 
Quarters  forthwith,  there  to  await  further  orders. 
In  the  evening  of  the  same  day,  a  council  of  mili- 


MIGHT    AND    RIGHT.  243 

tary  officers  was  held,  and  a  plan  of  operation  was 
submitted  to  them.  "  They  all  thought  alike ," 
Governor  Dorr  says,  "  as  to  the  necessity  of  imme- 
diate action,  but  there  was  some  question  as  to  the 
point  at  which  it  should  commence."  The  enemy 
had  possession  of  the  State  Arsenal,  a  large  stone 
building,  situated  on  an  open  plain,  about  half  a  mile 
northwest  of  Federal  Hill,  which  contained  from 
1,500  to  2,000  stands  of  arms,  several  pieces  of  ar- 
tillery, and  ammunition,  and  was  garrisoned  by  a 
force  of  40  or  50  men.  It  was  determined,  at  length, 
to  make  this  building  the  first  point  of  attack  — 
since  the  possession  of  it  would  have  enabled  the 
Commander  in  Chief  to  maintain  the  position  he 
then  occupied  on  Federal  Hill,  against  any  force 
that  could  be  brought  against  him  —  or  so  it  was 
believed,  A  delay  till  past  midnight  occurred,  in 
waiting  for  the  arrival  of  the  military  from  the  coun- 
try ;  and,  by  that  time,  some  of  the  city  volunteers 
had  retired. 

But  I  must  now  look  back  to  the  day  previous. 
In  the  afternoon  a  rumor  had  reached  the  city,  that 
the  Governor  was  to  be  arrested ;  whereupon  a 
company  of  thirty  volunteers,  resolved  to  go  to 
the  Artillery  Armory,  and  bring  away  two  artillery 
pieces,  with  their  apparatus,  for  the  purpose  of 
sustaining  Governor  Dorr.  At  that  time  the  Ca- 
dets were  in  their  Armory,  which  is  only  30  or 
40  feet  from  the  Artillery  Armory.  The  Cadets  had 
five  guns  apiece,  ready  loaded,  and  yet  the  Constitu- 
tional Volunteers  stood  facing  their  Armory  for  more 
than  half  an  hour,  and  exposed  to  their  fire.  When 
they  first  saw  the  men,  the  Cadets  came  out,  looked 
at  them,  and  fired  one  gun  —  or  it  might  have  gone 
off  accidentally.  The  Marine  Artillery  were  also  in 
the  basement  story  of  the  same  building.  But  not- 
withstanding all  this  strength,  sufficient  to  have 
crushed  them  at  a  blow,  the  Constitutionists  obtain- 


244  MIGHT    AND    RIGHT. 

ed  possession  of  the  pieces,  and  carried  them  tri- 
umphantly through  the  streets,  in  broad  day-light. 
The  ways  were  so  thronged,  that  it  was  often  diffi- 
cult to  move ;  yet  only  two  persons  exhibited  any 
symptoms  of  a  will  to  resist.  All  was  pure  unutter- 
able terror  and  astonishment.  The  guns  were  carri- 
ried  to  the  Governor's  Head  Quarters. 

Early  on  Wednesday  morning,  about  250  men  had 
assembled ;  and  they  took  up  their  line  of  march  for 
the  destined  point  of  attack.  At  the  meeting  of 
officers,  Gov.  Dorr  had  been  requested  to  remain  at 
Head  Quarters,  but  he  considered  it  his  duty  to  di- 
rect the  operations  in  person,  and  accompanied  the 
men,  on  foot,  to  the  field.  While  on  the  line  of 
march,  and  at  a  time  when  the  lateness  of  the  hour 
would  admit  of  no  delay,  the  Governor  ascertained 
that  only  two  of  the  four  pieces  of  artillery,  which 
he  had  ordered  for  the  service,  had  been  brought  for- 
ward. On  reaching  the  ground,  a  demand  was  made 
through  an  officer,  for  the  surrender  of  the  Arsenal, 
which  demand  was  answered  in  the  negative.  A 
dense  fog  had  arisen,  causing  much  difficulty  and 
delay  in  bringing  the  guns  into  suitable  positions. 
And  as  objects  could  not  be  discovered  beyond  a 
short  distance,  the  arrangement  of  placing  the  guns 
far  apart  from  each  other  was  changed,  and  they 
were  brought  into  position  at  a  point  northeast  from 
the  building,  and  within  close  range  of  its  artillery. 
In  the  mean  time,  a  scene  of  confusion  ensued,  and 
a  partial  disorganization  of  the  forces,  in  consequence 
of  the  extreme  fright,  and  subsequent  disappearance 
of  some  of  the  officers  and  men.  This  confusion 
interrupted  the  transmission  of  orders,  and  Gov.  Dorr 
was  obliged  to  traverse  the  field,  to  bring  the  com- 
panies into  their  position,  and  to  restore  order,  in 
which  he  was  partially  successful.  An  ineffectual 
attempt  was  then  made  to  fire  the  pieces  of  artillery. 
But  to  the  surprise  and  chagrin  of  all,  the  priming 


MIGHT    AND    RIGHT.  245 

flashed,  and  the  guns  resolutely  refused  to  obey  the 
word  of  command.  Daylight  was  now  approaching, 
and  made  such  fearful  disclosures  to  the  assailing 
party,  that  it  was  judged  improper  to  attempt  any 
further  prosecution  of  the  plan ;  and  by  suggestion 
of  the  officers,  the  guns  were  withdrawn,  with  the 
understanding  that  the  attempt  would  be  renewed, 
whenever  a  more  favorable  opportunity  presented. 
This  was  demanded  by  officers  and  men,  who,  Mr. 
Dorr  says,  M  were  brave  and  true,  wanting  only  a 
more  thorough  organization."  Most  of  the  men  se- 
parated for  the  present,  on  leaving  the  field,  the  re- 
mainder accompanied  the  Governor  to  Head  Quar- 
ters, where,  on  examining  the  guns,  it  was  found 
that  they  had  been  plugged  up  by  some  person,  but 
by  whom,  never  was  discovered. 

I  will  insert  an  extract  from  a  letter,  in  relation  to 
the  above  movement ;    though  I,  not  being   "  for 
war"    disagree    with  the   true   and    noble-hearted 
writer,  in  some  material  points.     I  intend  to  write 
the  truth  —  if  possible,  only  the  truth  —  and,  so  far 
as  it  may  be  compressed  in  these  "  300  pages,"  the 
whole  truth.     No  personal  interest  —  no  hostile  feel- 
ing —  no  prejudice  in  favor  of,  or  against  any  indi- 
vidual, or  party,  has  been  permitted  to  sway  me. 
Had  the  Leaders  of  the  Suffrage  Party  possessed  the 
far-reaching  insight,  the  confidence,  the  valorous  de- 
termination, the  heroic  self-sacrifice,  the  unity  of 
purpose,  of  their  much  abused  Governor,  and  thus 
been  led  to  co-operate  with  him,  instead  of  spending 
their  strength  to  oppose  him,  I  cannot  doubt  that  en- 
tire success  would  have  been  the  result.     But  they 
had  not  ;  and  these  are  not  the  days  of  blind  surren- 
der to  the  will  of  any  leader  —  these  are  times  of 
independent   and   individual    thought   and    action ; 
hence,  dissentions.     But  I  can  no  more  believe  those 
men  were  "  cowards,"  than  I  believe  the  heroic  and 
self-devoted  few,  who  stood  ready  to  surrender  their 
21* 


246  MIGHT    AND    RIGHT. 

lives  in  defence  of  their  liberties,  were  such.  It  is 
not  all  of  valor  to  brave  death  in  the  field.  There 
is  another,  and  often  a  higher  degree  of  courage, 
which  grows  out  of  a  regard  to  human  life  ;  and 
that  the  Suffrage  men  had  learned  of  their  leaders,  to 

DOUBT     "THE    RIGHT    TO    TAKE    LIFE,"    ill    Support  *  of 

their  cause,  demonstrates  that  both  leaders  and  men, 
were  capable  of  feeling,  and  being  swayed  by  a  high 
and  pure  moral  motive  —  all  the  slanders  of  their 
enemies  to  the  contrary,  notwithstanding.  The  fol- 
lowing extract  contains  much  of  truth,  and  strongly 
portrays  the  trying  situation  of  Governor  Dorr. 

"  Let  it  be  remembered  concerning  the  attack  upon  the  Arse- 
nal, that,  in  addition  to  all  the  discouraging  circumstances  under 
which  Gov.  Dorr  labored  at  that  time,  all  his  head  men,  Senators 
and  Representatives,  &c,  refused  to  countenance  his  movement 
upon  the  Arsenal,  from  sheer  cowardice  and  incapacity.  They 
labored  indefatigably,  from  one  o'clock  in  the  afternoon  of  the 
17th,  until  one  o'clock  of  the  morning  of  the  J  8th  of  June,  to  de- 
feat and  disconcert  all  the  measures  and  plans  of  the  Governor. 
The  historian  who  would  be  respected,  should  write  the  truth, 
just  as  it  happened,  strike  where  it  will,  or  not  write  at  all.  I 
know,  for  I  was  there  on  the  spot,  that  the  absence  of  these  men, 
whom  we  had  a  right  to  see  on  the  ground,  encouraging  and 
cheering  us  on,  by  the  side  of  the  patriotic  Governor,  was  the 
cause  of  the  failure  of  the  whole  undertaking.  I  do  know,  that 
of  all  the  men  who  were  earnest  and  foremost  in  setting  the  Suf- 
frage Movement  agoing,  nearly  all  who  bad  been  elected  to  office 
under  the  People's  Constitution ;  all  who  had  spouted  in  public 
meetings,  and  all  who  had  resolved  on  war  to  the  knife,  like  cow- 
ards as  they  were,  dared  not  show  their  faees  at  that  momentous 
time  !  Do  not  put  the  blame  on  the  people  ;  let  the  disgrace  go 
where  it  ought,  on  those  who  set  the  ball  in  motion.  I  know  the 
effect  of  such  baseness  at  the  time  we  were  on  the  ground  before 
the  Arsenal,  when  it  began  to  be  whispered  about  from  one  to 
another,  that  such  and  such  persons  were  not  there,  to  share  the 
dangers  of  the  fight.  Our  men,  one  after  another,  soon  began  to 
leave  the  ground,  and  with  reason,  too.  Men  began  to  doubt  the 
truth  of  our  cause,  and  the  right  we  had  to  take  life,  in  support  of 
our  cause,  when  all  of  our  leaders  had  absented  themselves  from 
us,  at  that  dark  and  dreadful  hour.  I  never  can  think  upon  that 
night,  without  uttering  imprecations  upon  the  men,  who,  by  their 
absence,  caused  us  to  be  defeated.  I  say  that  the  whole  moral 
force  of  the  Revolution  was  broken  at  that  time.    There  is  where 


MIGHT    AND    RIGHT.  247 

we  fell  to  pieces.  Look  at  the  resignations  of  these  men  the 
next  day !  Was  it  not  in  very  truth  an  invitation  to  our  '  lords 
and  masters?  to  seize  upon,  and  hang  Gov.  Dorr  ?  Was  it  not  a 
warning  for  all  men,  to  look  out,  and  protect  themselves  —  to  avoid 
all  responsibility  in  future  ?" 

Information  soon  came  that  an  attack  was  project- 
ed upon  the  brave  Governor,  with  his  remnant  of 
true  men ;  and  preparations  for  resistance  were  im- 
mediately entered  into.  Several  gentlemen  of  talent 
and  experience  accepted  appointments  for  the  time, 
and  entered  into  the  arrangements  for  defence  ;  and 
six  guns,  the  agreed  signal  for  a  rally  at  Head  Quar- 
ters, were  fired  at  7  o'clock.  A  momentary  discour- 
agement had  been  felt  at  the  failure  of  the  attack 
upon  the  Arsenal ;  but  the  men  at  Head  Quarters 
soon  recovered  from  it,  and  they  watched  for  the  re- 
assembling of  their  companions,  hoping  to  make  a 
successful  resistance..  But  contrary  to  the  expecta- 
tions of  all,  only  a  very  few  in  the  course  of  the  en- 
suing hour,  responded  to  the  call. 

The  principal  cause  of  this,  was  the  publication 
of  a  handbill,  headed,  "  Resignation  of  all  the  offi- 
cers under  the  People's  Constitution."  This  hand- 
bill had  been  widely  circulated  among  the  friends  of 
Suffrage  in  the  city.  It  was  signed  by  two  Sena- 
tors, and  nine  Representatives  of  Providence,  (all 
who  had  not  before  resigned,)  and  contained,  not 
only  a  resignation  of  their  offices,  but  condemned  the 
proceedings  of  Gov.  Dorr  as  "  deplorable,"  and  "  de- 
structive to  the  cause  in  which  we  are  engaged ;"  it 
also  protested  strongly  against  the  employment  of 
force  by  the  President. 

The  course  which  the  signers  had  seen  fit  to 
adopt,  was  made  known  to  Gov.  Dorr  at  8  o'clock, 
in  a  letter  written  by  Col.  Samuel  H.  Wales,  dated 
May  18th,  1842,  and  signed  by  himself,  Eli  Brown, 
William  Coleman,  F.  L.  Beckford,  and  John  A. 
Howland,  all  signers  of  the  handbill.     They  stated 


248  MIGHT    AND    RIGHT. 

that  the  Senators  and  Representatives  had  determin- 
ed to  resign  instantly ;  that  they  disapproved  of  the 
Governor's  proceedings  ;  and  that  their  men  would 
not  act  against  their  own  citizens. 

The  difficulty  of  Gov.  Dorr's  position,  was  aggra- 
vated by  a  report,  which  originated  with,  and  was 
put  in  circulation  by,  his  opponents,  that  the  contro- 
versy had  been  settled  by  a  compromise,  honorable 
to  both  parties.  Some  of  the  friends  of  the  Consti- 
tution were  so  far  deceived  by  this,  as  to  aid  in  ex- 
tending a  report  which  had  no  foimdation  in  fact. 
Several  propositions  of  compromise  had  been  made, 
and  submitted  to  Gov.  Dorr,  both  by  his  Constitu- 
tional friends,  and  his  near  relatives,  who  were  lead- 
ing men  in  the  Charter  Party.  These  he  positively, 
and  uniformly,  refused  to  accept,  because  they  all 
involved  a  surrender  of  the  Constitution.  Did  any 
one  of  all  those  who  have  so  freely  condemned  Gov. 
Dorr,  imagine  himself  standing,  for  one  moment,  in 
his  position,  and  think  how  much  better  he  would 
have  acted  under  any  circumstances  ?  They  never 
would  have  been  there,  they  say.  True.  A  pigmy 
can  never  fill  the  niche  made  for  a  giant.  But  let 
them  look  at  Governor  Dorr  —  his  magnanimity  — 
his  self-devotion  —  his  uncompromising  integrity  — 
his  true  greatness  of  soul  — and  they  will  see,  if  they 
can  see  anything,  that  it  is  much  easier  to  sneer  at 
his  misfortunes,  than  to  imitate  his  virtues.  It  is 
difficult,  indeed,  to  appreciate  his  trials.  They  were 
such  as  an  ordinary  man  could  neither  feel,  nor  sus- 
tain. I  subjoin  an  extract  lrom  his  address  to  the 
People  of  Rhode  Island,  of  May  21,  1842. 

"  You  will  readily  appreciate  the  painful  responsibility  which 
rested  upon  me,  at  the  point  of  time  which  I  have  mentioned,  of 
deciding  the  course  which  duty  required  of  me. 

"  I  had  endeavored  to  bear  up  with  a  becoming  spirit  against 
all  the  power  and  influence  of  our  opponents ;  hut  our  movements 
were  now  paralysed  by  our  friends,  most  of  whom,  six  days  be- 
fore, had  united  in  the  solemn  determination  of  the  mass  meet- 


MIGHT    AND    RIGHT.  249 

ing,  to  which  I  have  alluded,  to  defend  their  Chief  Magistrate  at 
all  events.  Some  of  them  disapproved  the  military  operation 
proposed  on  Tuesday  evening;  but  the  first  information  of  an 
open  opposition  and  general  resignation  was  received  by  me,  as 
already  stated,  on  Wednesday  morning.  To  this  I  must  add  that, 
before  the  receipt  of  Col.  Wales'  letter,  Mr.  Anthony  requested 
me  not  to  make  his  house  the  scene  of  a  hostile  encounter. 

"  Nearly  one  hour  and  a  half  had  now  elapsed  from  the  firing  of 
the  signal  guns,  and  our  ranks  had  been  increased  by  but  few 
additions  from  the  city  or  country.  About  60  men  of  all  arms, 
including  the  artillerists,  as  nearly  as  I  could  ascertain,  were 
now  at  the  head  quarters.  That  those  who  remained  would  have 
sacrificed  their  lives  to  a  man  for  my  protection,  I  did  not  doubt, 
and  their  subsequent  conduct  fully  confirmed  their  sincerity.  I 
cannot  express  the  feelings  of  grateful  obligation  which  I  enter- 
tain towards  these  brave  and  noble  men.  They  could  not  have 
been  mastered  by  their  opponents  without  great  destruction  of 
life ;  and  they  would  have  fallen  in  the  end  by  a  superior  force 
of  500  strong.  I  deemed  it  my  duty,  under  all  the  circumstances, 
not  to  ask  this  sacrifice  at  their  hands.  I  called  to  me  the  Colo- 
nel in  command,  and  communicated  to  him  the  state  of  affairs. 
His  reply  was,  "  the  men  are  leaving  us."  I  directed  him  to  fall 
back  with  his  command,  or  to  give  such  other  order  as  circum- 
stances might  require.  At  half-past  8  o'clock,  and  with  a  regret 
for  which  there  are  no  words,  I  withdrew  from  the  head  quarters 
to  the  town  of  Cumberland.  Of  subsequent  events  you  are  well 
informed. 

M  In  the  assurance  that  I  have  never  compromised  your  rights, 
and  have  returned  to  friends  and  opponents  a  uniform  reply,  ad- 
verse to  the  abandonment  of  the  principles  of  popular  sovereignty 
and  of  equal  rights  involved  in  the  support  of  your  Constitution, 
allow  me  to  add,  that  I  have  never  compromised  my  own  right  to 
serve  your  cause.  Having  sincerely  devoted  to  that  cause  all  the 
abilities  I  possess,  and  having  in  your  service  sustained  the  loss 
of  all  things  but  honor,  I  may  safely  commit  to  you,  fellow-citi- 
zens, my  vindication  from  all  unjust  or  ungenerous  imputations, 
either  upon  my  motives  or  conduct." 

A  word  now  in  relation  to  the  resignation  of  the 
Representatives,  who  have  been  stigmatised  as  trai- 
tors, and  cowards  for  the  act.  In  order  to  form  a 
just  conception  of  the  position  occupied  by  the  Re- 
presentatives, the  situation  of  the  Suffrage  Party 
should  be  taken  into  the  account.  Most  of  them 
were  mechanics,  and  men  of  moderate  means,  unac- 
quainted with  the  technicalities  of  the  Law,  and, 


250 


MIGHT    AND     RIGHT. 


although  believing  they  were  right,  yet  beholding 
almost  the  entire  legal  profession  deserting  them. 
The  troops  of  the  United  States,  and  the  power  of 
the  General  Government,  were  arrayed  against  them, 
without  the  knowledge  that  they  would  be  support- 
ed by  a  single  State  government ;  and  almost  with 
the  certainty  of  involving  the  country  in  a  civil  war, 
the  result  of  which  no  one  could  foresee,  but  of 
which  Rhode  Island,  being  the  theatre  of  action, 
would  be  inevitably  the  greatest  sufferer.  Added  to 
this,  was  the  example  of  hundreds  of  men  who  had 
always  acted  with  them,  forsaking  their  old  friends, 
and  rushing  to  the  ranks  of  the  enemy.  The  Party 
was  also  poor.  The  citizens  had  exhausted  their 
whole  means  in  the  controversy.  They  beheld  be- 
fore them  a  body  of  men,  without  discipline,  with- 
out commanders,  without  arms,  and  without  provi- 
sions. Indeed,  the  morning  after  the  attack  upon 
the  Arsenal,  the  men  with  Gov.  Dorr  were  found 
without  means  of  their  own,  of  procuring  a  break- 
fast. It  is  not  strange  that  in  view  of  all  these  dis- 
couraging circumstances,  human  weakness  faltered  ; 
and  the  weight  of  responsibility  resting  upon  the 
officers  —  a  responsibility  involving  such  fearful  con- 
sequences —  should  have  impelled  them  to  the  course 
they  took.  It  was  not  through  fear  of  the  Algerine 
law ;  for  they  were  already  implicated  as  deeply  as 
possible  ;  but  it  was  to  prevent  the  sacrifice  of  life, 
which  appeared  inevitable.  It  was  the  opinion  of 
many  of  the  leading  men  of  the  Suffrage  Party,  at 
the  time  of  the  organization  of  the  government,  that 
when  legally  organised,  the  Charter  Government 
would  yield  obedience  to  it,  so  that  the  rightful  and 
constitutional  powers  might  go  peaceably  into  effect. 
This  they  probably  would  have  done,  but  for  Ty- 
ler's Letter ;  and,  further,  it  can  hardly  be  doubted 
that  the  question  of  Constitutional  Right  would  have 
been  sustained  by  Congress,  had  it  been  properly  set 


MIGHT  AND  RIGHT.  251 

before  them.  To  do  this,  was  only  the  constitutional 
duty  of  that  Body.  If  Tyler  had  not  interfered 
with  the  sovereignty  of  this  State,  the  People  would 
have  taken  care  of  themselves,  and  of  their  Govern- 
ment, if  they  had  been  allowed  to  settle  the  ques- 
tion. They  did  not  fear  any  resistance  to  their  legal 
authority,  so  far  as  this  State  was  concerned ;  but 
they  could  not  be  expected  to  resist  the  whole  force 
of  the  United  States. 

In  view  of  all  these  circumstances,  I  think  the 
signers  of  the  handbill  may  be  justified  in  their 
course,  although  a  very  different  result  might  have 
been  consequent  upon  a  different  course  of  action. 

Had  they  convened  themselves  together,  and  re- 
solved, one  and  all,  that  they  would  neither  engage 
in,  nor  sanction,  any  warlike  measure,  but  that  they 
would  sustain  their  principle,  to  the  utmost  extrem- 
1  ity  —  If  they  had  publicly  proclaimed  this,  and  had 
been  molested  in  the  peaceable  exercise  of  the  func- 
tions of  their  several  offices,  and  given  themselves 
up,  to  be  marched  in  a  body  to  the  State  House,  or 
the  Star-Chamber,  and  thence  to  the   State  prison, 
until  that  prison  was  filled,  and  new  prisons  had  been 
erected,  to  contain  them  and  their  adherents,  they 
would  have  presented  what  the  world  never  saw  — 
the  sublimest   spectacle  under  Heaven  —  a  whole 
government  yielding  themselves  up,  as  martyrs,  to 
the  cause  of  Liberty,  and  Truth,  and  Right ;  and 
the  whole  country  —  the  whole  world  —  would  have 
responded  to  their  claim  —  they  would  have  said ; 
"  These  men  are  seeking  only  right,  and  right  they 
must,  and  shall  have."     I  doubt  not  that  many  of 
those  men  had  sufficient  heroism  for  this,  had  the 
idea  occurred  to  them  ;  for  they  have  exhibited  the 
.highest  kind  of  courage,  moral  courage  —  in  daring 
to  be  called  cowards,  for  the  sake  of  what  they  be- 
lieved to  be  right. 

I  give  .the  following  extract  from  a  letter,  by  one 


252  MIGHT    AND    RIGHT. 

who  was  present,  and  an  actor  in  the  scene,  as  de- 
scriptive of  the  attack  on  Federal  Hill. 

M  In  the  mean  time,  the  enemy  had  been  muster- 
ing ail  their  forces  preparatory  to  an  attack.  Steam- 
boats had  been  put  in  requisition,  sent  to  the  south 
part  of  the  State,  and  everything  in  the  shape  of 
men  dragged  on  board,  to  swell  the  numbers.  Old 
men  and  boys,  black  and  white,  from  all  parts  of  the 
State,  were  poured  into  the  ranks  —  the  stores  and 
shops  were  closed,  and  all  business  was  suspended. 
In  forming  the  column,  with  regard  to  rank,  a  diffi- 
culty occurred  among  the  troops,  which  it  took  some 
time  to  settle.  The  Providence  Infantry,  at  that 
time,  were  not  so  tenacious  of  their  claims,  as  they 
had  been  on  a  former  occasion,  and  were  willing  to 
resign  the  post  of  honor  to  the  Newport  Artillery, 
which  honor  the  latter  company  very  politely  de- 
clined, saying,  '  we  have  come  here  to  assist  you, 
but  not  to  do  all  the  fighting.'  The  difficulty  was 
finally  settled.  The  Artillery  took  the  right,  and 
the  Infantry  posted  themselves  in  the  rear,  much  to 
their  satisfaction.  Everything  being  now  ready, 
this  formidable  array,  numbering  probably  1000  men, 
took  up  their  line  of  march  under  the  command  of 
the  veteran  Col.  Blodget,  arrived  at  the  foot  of  the 
street  under  the  brow  of  the  hill,  and  there  halted. 
This  street  is  called  Atwell's  Avenue,  and  passes  di- 
rectly by  the  house  of  Burrington  Anthony,  then 
occupied  by  Gov.  Dorr  as  his  Head  Quarters.  The 
enemy  at  this  time  had  knowledge  of  the  fact,  that 
Gov.  Dorr  had  disbanded  his  troops,  and  retired,  and 
that  the  troops  had  left  the  field.  There  were  not 
at  this  time  20  muskets  to  be  found  on  the  ground. 
Several  hundreds  of  the  Suffrage  men,  without  arms, 
or  any  means  of  defence,  remained  scattered  over- 
the  ground.  About  50  brave  men  who  had  charge 
of  the  two  brass  pieces,  faithfully  stood  by  them, 
and  bravely  defended  <the  ground  against  this  mighty 


MIGHT    AND     RIGHT.  253 

force,  numbering  at  least  1000  muskets,  and  6  pieces 
of  artillery. 

"  A  message  was  received  from  the  enemy,  who 
still  lay  concealed  under  the  hill,  in  confirmation  of 
the  report  circulated  early  in  the  morning,  that  if 
Gov.  Dorr  would  retire  from  the  State,  and  the  troops 
disband,  and  leave  the  ground,  a  compromise  would 
be  negotiated,  honorable  to  both  parties,  and  all  that 
the  Suffrage  Party  had  ever  contended  for,  should 
be  granted.  An  influential  gentleman  of  that  party 
proclaimed  from  an  upper  window  of  Head  Quar- 
ters, that  he  had  full  confidence  in  the  integrity  of 
our  opponents;  and,  further,  that  Gov.  King  had 
pledged  himself  to  that  effect.  This,  however,  was 
not  satisfactory.  We  had  been  grossly  deceived  by 
them  before,  and  had  no  confidence  in  their  integrity. 
We  demanded  that  Gov.  King  should  come  forward, 
to  confirm  the  truth  of  what  had  been  promised. 
1  Make  room  !  Make  room  !  Gov.  King  is  coming  V 
resounded  through  the  crowd.  A  way  was  opened, 
and  Mr.  King,  accompanied  by  the  High  Sheriff, 
passed  through,  and  entered  the  house  of  Mr.  An- 
thony. The  presence  of  the  Governor  inspired  the 
people  with  a  momentary  belief  of  a  speedy  termi- 
nation of  the  difficulties,  which  was  manifested  by 
considerable  of  a  hearty  cheer  from  the  multitude. 
The  Sheriff  soon  appeared  at  the  widow,  calling  out, 
1  Order  !  Order,  Gentlemen  !'  In  reply  to  this  impre- 
tions,  hisses,  and  threats  were  uttered  by  the  throng  ; 
when  Gov.  King  immediately  passed  his  head  out  of 
the  window,  saying,  '  Gentlemen,  the  Sheriff  will 
now  proceed  to  search  the  house  for  Thomas  W. 
Dorr.' 

"  '  Treason  !  Treason  !  No.  Never  !'  echoed  and 
re-echoed  from  the  multitude  ;  and  a  general 
rush  was  made  for  the  door.  Gov.  King  most 
fortunately  succeeded  in  making  his  escape  down 
the  back  stairs,  and  over  the  fence  in  the  rear  of 
22 


254  MIGHT    AND    RIGHT. 

the  house,  when  he  was  no  more  seen  by  us  for 
that  day. 

"  The  two  pieces  of  Artillery  were  stationed  in  the 
street,  about  half  way  between  Head  Quarters  and 
the  brow  of  the  hill.  Several  demands  were  made 
upon  us  to  surrender  them,  all  of  which  were  indig- 
nantly refused.  We  told  them  to  come  and  take 
them ;  but  with  their  1000  men,  and  6  pieces  of  ar- 
tillery, they  dared  not.  And  yet  they  boast  of 
marching  up  in  solid  column,  against  batteries  and 
bayonets,  and  driving  all  before  them.  The  enemy 
advanced,  until  we,  who  were  stationed  in  front, 
could  just  see  the  tops  of  their  hats.  They  then 
halted  15  or  20  minutes,  just  under  the  brow  of  the 
hill*  Wheeling  off  to  the  south,  they  then  passed 
round  the  hill,  and  up  Federal  street,  through  an 
alley  in  the  rear  of  Mr.  Anthony's  house.  During 
this  time,  the  artillery  pieces  had  been  removed  on 
to  an  open  plain  further  from  the  house.  As  the 
enemy  advanced  upon  us,  the  word  M  Fire,"  was 
given,  when  the  whole  regiment  scattered,  in  the 
utmost  confusion,  panic  stricken,  like  a  flock  of 
frightened  sheep,  without  a  leader*  In  their  abrupt 
retreat,  they  knocked  down  several  sections  of  a  rail 
fence,  and  all  hid  themselves  behind  whatever  shield 
presented  itself,  not  excepting  the  gallant  Colonel. 
Some  of  the  men  left,  and  the  remainder  rallied  and 
came  forward  again,  but  only  to  enact  the  same 
farce. 

"  During  this  time,  another  small  detachment  from 
the  main  body,  under  the  command  of  Col.  Martin, 
gained  the  summit  of  the  hill  - —  there  being  no  force 
to  oppose  them  —  at  a  point  a  little  south,  and  un- 
der shelter  of  the  bank  through  which  the  street  had 
been  cut.  And  they  won  for  themselves  immortal 
honor  -*—  which  very  few  will  covet.  After  steam- 
ing up  their  courage  a  little,  and  being  some- 
what recruited,  they  ventured  to  advance,  and  make 


MIGHT    AND     RIGHT.  255 

another  demand  for  the  guns,  which  was  treated 
with  contempt.  The  artillery  men,  the  only  oppos- 
ing force  at  this  time  on  the  ground,  bravely  main- 
tained their  position,  hurling  defiance  at  their  foe. 
They  continued  to  fall  back,  to  prevent  the  enemy 
from  gaining  their  rear,  removing  the  pieces  of  artil- 
lery -as  they. retired,  until  they  reached  an  open  plain 
adjoining  Tift's  Woods,  so  called,  north  of  the  road. 
There  on  the  edge  of  the  hill  they  planted  their 
pieces,  bringing  them  to  bear  on  the  east,  southeast, 
and  south.  In  the  rear  we  were  protected  by  the 
descent  of  the  hill,  which  was  inaccessible,  it  being 
at  least  fifty  feet  in  height,  and  nearly  perpendicular. 
"  About  this  time,  S.  A.  Comstock,  of  Burrillville, 
and  Henry  D'Wolf,  of  Uxbridge,  Mass.  arrived  on 
the  ground.  An  organization  then  took  place,  by 
choosing  D'Wolf  as  commander,  who  appointed 
Comstock  as  his  Lieutenant.  At  this  time  the  en- 
trenchment was  in  operation,  the  direction  of  which 

<wtxa  pointocl  out  by  IV  Wolf ;  and  afterward S  discon- 
tinued by  him.  The  field  being  covered  with  spec- 
tators, was  ordered  to  be  cleared.  This  was  soon 
done,  and  sentries  were  posted  by  the  road  side.  At 
about  4  o'clock,  B.  Anthony,  and  Crawford  Allen, 
came  on  to  the  field,  the  latter  requesting  us  to  sur- 
render the  brass  guns.  This  was  promptly  refused ; 
and  the  gentlemen  had  leave  to  leave  the  field.  In 
the  mean  time,  the  reinforcement  which  we  expect- 
ed, did  not  arrive  ;  and,  to  the  chagrin  of  officers  and 
men,  a  committee,  as  they  called  themselves,  came 
to  D'  Wolf,  and  demanded  the  surrender  of  the  guns, 
saying  they  were  under  bonds  to  return  them  that 
night.  D'Wolf  told  them  that  physical  force  was 
opposed  to  the  execution  of  a  bond  ;  that  they  might 
come  and  take  the  guns,  but  it  should  be  over  the 
muzzle  if  any  way.  The  citizens  sent  us  some  re- 
freshments of  beef,  bread,  cheese  and  beer ;  but  no 
ardent  spirits  were   permitted  on  the  field;    after 


256  MIGHT    AND     RIGHT. 

which,  drilling  was  renewed.  At  sun-set,  when  the 
night-guard  was  posted,  it  was  deemed  proper  to  de- 
clare the  field,  including  one  street,  under  martial 
law  ;  of  which  the  citizens  were  apprised.  A  va- 
cant house  standing  on  the  western  extremity  of  the 
field,  was  taken  possession  of  for  quarters,  about  9 
o'clock.  No  recruits  coming  in,  a  recruiting  sergeant 
was  sent  to  Pawtucket  to  raise  a  reinforcement. 
About  midnight  D'Wolf  and  Comstock  left  Head 
Quarters,  under  pretence  of  going  around  the  out- 
posts, and  penetrated  through  and  about  the  city. 
Finding  nothing  glaring,  it  was  thought  a  favorable 
opportunity  to  secure  the  State  Arsenal,  on  which  a 
feint  had  been  made  the  night  previous.  To  this 
end,  as  soon  as  they  returned  to  Head  Quarters, 
Comstock,  with  a  guide,  was  directed  to  reconnoiter 
the  lines  about  the  Arsenal.  He  made  his  round, 
and  reported  himself  at  Head  Quarters,  that  nothing 
was  in  the  way  ;  upon  which  it  was  resolved,  that  if 

20  rGP.ruits  arrived,  tho  evttack  ekovilcl  bo   immediately 

made.  But  to  the  extreme  mortification  of  all,  about 
2  o'clock  their  despatch  returned  from  Pawtucket, 
without  success  ;  and  the  expedition  was  reluctantly 
abandoned.  There  were  barely  enough,  of  our  men, 
to  relieve  the  guard  ;  and  most  of  these  had  been  on 
duty  the  previous  night ;  but  their  determined  spirits 
never  faltered.  At  day-break  an  alarm  was  fired ; 
still  no  support  came  ;  when  about  8  o'clock,  it  was 
deemed  proper  to  withdraw.  Having  no  horses,  or 
the  means  to  procure  any,  to  remove  the  pieces,  we 
left  the  field;  and  thus  ended  this  bloodless  cam- 
paign, in  which  none  were  killed,  none  wounded, 
and  none  taken  prisoners." 


MIGHT    AND    RIGHT.  257 

CHAPTER  XIV. 

MARTIAL    LAW. 

On  the- 17th  of  May,  Gov.  Dorr  addressed  a  letter 
to  Gov.  Fairfield,  of  Maine,  informing  him  of  the 
position  of  the  Suffrage  Party,  and  requesting  him 
to  bring  the  proceedings  of  the  President,  and  the 
question  of  the  rights  of  the  people  of  Rhode  Island, 
before  the  Legislature  of  the  State  of  Maine,  which 
was  either  then,  or  soon  to  be  in  session.  This  re- 
quest was  complied  with.  Action  was  taken  on  the 
subject,  and  a  committee  was  appointed  to  report  on 
the  question.  This  committee  presented  two  re- 
ports —  a  minority  report  in  favor  of  the  Chartists, 
and  a  majority  report  in  favor  of  the  Constitutionists. 

Nearly  at  the  same  time,  Gov.  King  made  a  requi- 
sition on  Chauncey  F.  Cleveland,  Gov.  of  Connect- 
icut, for  the  surrender  of  Gov.  Dorr,  as  a  fugitive 
from  Justice,  which  was  finally  refused.     A  requisi- 
tion was  also  made  on  John  Davis,  Gov.  of  Massa- 
chusetts, which  was  granted.     In  justice  to  Gov. 
Davis,  I  would  say,  that  he  pronounced  the  Algerine 
Act  to  be  unconstitutional,  and  said  he  would  grant 
no  requisition  to  surrender  any  person  under  it.     He 
afterwards  did  surrender  two  persons,  Messrs.  Luther 
and  Sayles,  in  compliance  with  a  requisition  under 
that  act ;  but  when  he  became  aware  of  the  fact,  he 
withdrew  his  authority,  and  ordered  the  Sheriff  not  . 
to  make  any  arrest.     But  in  refusing  shelter  to  the 
exiled  patriot,  he  acted  upon  a  principle  which  would 
have  prompted  the  surrender  of  Milton,  Hampden, 
and  Sydney,  as   fugitives   from  justice,  had   they 
sought  protection  in  this  country,  upon  the  requisi- 
tion of  their  dissolute  and  tyrannical  monarch.    And 
Gov.  Seward,  of  New  York,  to  be  consistent  with  his 
principles,  should  have  driven  back  the  revered  and  - 
22* 


258  MIGHT  AND  RIGHT. 

cherished  Gambradella,  and  Maroncelli,  to  rot  in  the 
prisons  of  Austria,  and  the  excellent  and  lamented 
Follen,  to  be  crushed  beneath  the  iron  heel  of  despot- 
ism. Thus  we  see,  that  old  Massachusetts,  through 
her  Governor,  thrust  forth  from  her  boundaries  the 
modern  Exponent  of  the  great  American  Principle, 
and  sustained  the  usurpers  who  were  violating  that 
principle. 

On  the  8th  day  of  June,  Gov.  King,  by  proclama- 
tion, announced  that  Gov.  Cleveland  had  refused  to 
comply  with  his  requisition  ;  whereupon,  by  advice 
of  the  Council,  he  offered  "  a  reward  of  One  Thou- 
sand Dollars,  for  the  delivery  of  the  said  Thomas 
Wilson  Dorr  to  the  proper  civil  authority  of  this 
State,  within  one  year  from  the  date  hereof,  that  he 
may  be  dealt  with  as  to  law  and  justice  shall  apper- 
tain." 

An  effort  had  been  made  by  Mr.  Whipple  on  the 
part  of  the  Chartists,  and  Messrs.  Harris  and  Antho- 
ny, on  the  part  of  the  Constitutionists,  to  adjust  the  dif- 
ficulty in  an  amicable  way.  After  their  return  from 
Washington,  these  gentlemen  met,  when  Mr.  Whip- 
ple presented  the  following  schedule  of  the  proposed 
compromise. 


"  An  action  forthwith  to  be  brought  in  the  United 
States'  Circuit  Court,  involving  the  validity  of  the 
People's  Constitution,  to  be  tried  and  decided  as  soon 
as  possible.  The  facts  to  be  first  ascertained  by  a 
suitable  committee,  to  be  chosen  by  agreement  of  the 
parties. 

"  Until  the  final  decision  of  such  case,  proceedings 
under  the  'act  in  relation  to  offences  against  the 
sovereign  power  of  the  State,'  to  be  suspended,  ex- 
actly in  the  present  state. 

"  Until  such  decision,  the  present  government  of 
the  State  (of  which  Gov.  King  is  head)  to  remain 


MIGHT    AND    RIGHT.  259 

in  the  full  exercise  of  their  authority,  and  the  per- 
sons claiming  to  exercise  authority  under  the  Peo- 
ple's Constitution,  to  omit  such  exercise  altogether." 

"Providence,  May  17,  1842." 

The  terms  of  this  compromise,  —  or  rather  the  com- 
promise itself,  was  urged,  without  naming  terms  — 
were  proclaimed  from  the  window  of  Head  Quar- 
ters, on  the  morning  of  the  17th,  by  Messrs.  Harris, 
Aldrich,  and  Ashley.  There  was  much,  and  is  much 
dissatisfaction,  still,  in  connection  with  the  part 
which  these  gentlemen  took  on  that  occasion.  As 
it  appears,  there  must  have  been  a  misunderstanding 
among  the  several  parties.  Mr.  Whipple  had  found 
it  impossible  to  bring  the  Governor  and  Council  into 
his  views ;  and  so  the  whole  matter  was  exploded. 
It  is  judged  by  many,  that  it  would  have  been  much 
better  for  the  Suffrage  Party,  had  Mr.  Whipple's 
proposition  been  complied  with  ;  for  Mr.  W.,  though 
an  avowed  aristocrat,  is,  I  believe,  an  honest  man. 
But  it  appears  to  me  Gov.  Dorr  was  right  in  reject- 
ing this  proposition,  since  it  certainly  did  involve  a 
surrender  of  the  great  principle.  Of  course,  the 
Chartists  had  possession  of  all  the  public  treasuries, 
together  with  the  banks,  and  the  State's  portion  of 
the  surplus  of  the  U.  S.  Revenue,  which  was  to  be 
employed  as  a  fund  for  the  support  of  public  schools  ; 
and  they  did  not  fail  to  use  the  public  property,  to 
the  furtherance  of  their  wicked  plans.  A  general 
organization  of  the  military  took  place,  and  the 
troops  were  ordered  to  hold  themselves  in  readiness 
to  march  at  a  moment's  warning.  The  State  at  this 
time  was  wholly  under  the  control  of  the  Governor's 
Council  —  the  Chief  Magistrate,  himself,  being  a 
mere  cypher,  and  acting  in  obedience  to  the  will  of 
this  body.  The  forces  of  the  State  amounted  to  at 
least  3000  strong  ;  and  Wm.  Gibbs  McNeill,  was  ap- 
pointed Commander  in  Chief  of  this  great  army. 

Vague  and  false  reports  were  daily  circulated,  that 


260  MIGHT    AND    RIGHT. 

Mr.  Dorr,  aided  by  his  friends  in  New  York  and  other 
places,  would  soon  return,  supported  by  a  gang  of 
ruffians,  to  sack  the  city.  These  reports  were  circu- 
lated through  the  columns  of  the  Journal,  a  paper 
wherein  the  truths  are  to  the  falsehoods,  "  as, two 
grains  of  wheat  hid  in  two  bushels  of  chaff;  you 
shall  search  all  day  ere  you  find  them,  and  when 
you  have  them,  they  are  not  worth  the  search." 
Among  the  false  statements  in  this  odious  point,  one 
of  the  few  which  deserve  notice,  is  the  story  circu- 
lated at  this  time,  that  Gov.  Dorr  was  deranged.  I 
wonder  not  they  thought  so.  Straight-forward  ho- 
nesty —  self-devoted  patriotism,  must  have  been  so 
incomprehensible  to  men,  who  were  incapable  of  be- 
ing swayed  by  any  other  than  selfish  motives,  as 
very  naturally  to  connect  the  idea  of  insanity,  with 
one,  who,  in  his  generous  exertions  for  the  good  of 
others,  forgot  himself. 

On  the  26th,  Gov.  King  published  the  following : 

BY    HIS    EXCELLENCY    SAMUEL    WARD    KING, 

Governor,  Captain  General,  and  Commander-in-Chief  of  the  State 

of  Rhode  Island  and  Providence  Plantations. 

A  PROCLAMATION. 

Whereas  the  General  Assembly  of  the  State  of  Rhode  Island  and 
Providence  Plantations  did,  on  the  twenty-fifth  day  of  June 
instant,  pass  the  following  act,  viz : 

AN   ACT    ESTABLISHING   MARTIAL    LAW. 

Be  it  enacted  by  the  Generat  Assembly,  as  follows : 
Sec.  1.  The  State  of  Rhode  Island  and  Providence  Plantations 
is  hereby  placed  under  martial  law  ;  and  the  same  is  declared  to 
be  in  full  force  until  otherwise  ordered  by  the  General  Assembly, 
or  suspended  by  proclamation  of  his  Excellency  the  Governor  of 
the  State. 

I  do,  therefore,  issue  this  my  proclamation,  to  make  known  the 
same  to  the  good  people  of  this  State,  and  all  others,  that  they 
may  govern  themselves  accordingly.  And  I  do  warn  all  persons 
against  any  intercourse  or  connection  with  the  TRAITOR 
THOMAS  WILSON  DORR,  or  his  deluded  adherents, 
now  assembled  in  arms  against  the  laws  and  government  of  this 
State ;  and  admonish  and  command  the  said  Thomas  Wilson 
Dorr  and  his  adherents,  immediately  to  throw  down  their  arms 


MIGHT    AND    RIGHT.  261 

and  disperse,  that  peace  and  order  may  be  restored  to  our  suffer- 
ing community,  and  as  they  will  answer  the  contrary  at  their 
peril.  Further,  I  exhort  the  good  People  of  the  State,  to  aid  and 
support,  by  example  and  by  arms,  the  civil  and  military  authori- 
ties thereof,  in  pursuing  and  bringing  to  condign  punishment,  all 
engaged  in  said  unholy  and  criminal  enterprise  against  the  peace 
and  dignity  of  the  State. 

In  testimony  whereof,  I  have  caused  the  seal  of  said 
State  to  be  affixed  to  these  Presents,  and  have  signed 
the  same  with  my  hand.  Given  at  the  City  of  Provi- 
[l.  s.]  dence,  on  the  26th  day  of  June,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  forty-two,  and  of  the 
Independence  of  the  United  States  of  America  to  sixty 
sixth. 

SAMUEL  WARD  KING. 
By  his  Excellency's  command: 

Henry  Bowen,  Secretary  of  State. 

The  Algerines  here  commenced  the  course  of  ab- 
surdities which  afterwards  distinguised  all  their 
movements.  Martial  Law  was  declared  by  the  Le- 
gislature, a  body  of  civil  functionaries ;  and  this  is,  per- 
haps, the  only  instance  in  which  Martial  Law  was  ever 
Known  to  be  declared  by  the  Legislature  ot  any 
State.  The  Students  were  dismissed  from  Brown 
University,  and  the  college  buildings  were  appropri- 
ated as  barracks.  Armed  guards  paraded  the  streets 
constantly ;  and,  in  violation  of  the  Constitution  of 
the  United  States,  and  of  all  right,  commenced  their 
series  of  house-breakings  and  insults.  Doors  and 
windows  were  burst  in  by  these  armed  ruffians : 
locks  were  broken,  or  forced  open ;  private  apart- 
ments were  entered  without  leave,  or  notice  ;  and, 
not  unfrequently,  half  dressed,  or  undressed  females, 
were  dragged  forth  with  mockery  and  insult.  Many 
of  those  engaged  in  committing  these  outrages,  held 
high  places  in  the  church.  Ministers,  deacons,  and 
church  members,  invaded  the  houses  of  their  fellow 
communicants,  and  the  bonds  of  christian  union 
were  violently  broken.  Others  held  commissions, 
and  were  receiving  salaries,  from  the  civil  depart- 
ments under  the  United  States,  but  no  check  with- 


262  MIGHT    AND    RIGHT. 

held  any  from  the  prosecution  of  these  wicked  de- 
signs. Neighbors  trespassed  on  the  social  right ; 
christians  forgot  the  privileges  of  christians ;  and 
men  the  rights  of  men. 

Sometimes  it  was  said  that  Mr.  Dorr  was  coming 
with  a  powerful  force  in  some  steamboat ;  when, 
with  great  terror,  all  flew  in  that  direction ;  then, 
that  he  had  landed  in  Massachusetts,  and  arrived  in 
Woonsocket,  where  it  was  stated  he  had  commenced 
throwing  up  works  of  defence.  Scouts,  spies,  and 
expresses,  were  sent  in  that  direction ;  every  move- 
ment was  turned  towards  that  quarter,  and  the  most 
intense  exitement  prevailed. 

On  the  23d,  Gov.  King  issued  his  orders  to  the 
military,  to  hold  themselves  in  readiness  to  take  the 
field  at  a  moment's  warning.  On  the  24th  a  steam- 
boat was  ordered  to  the  south  part  of  the  State,  to 
transport  the  troops  from  Warren,  Bristol,  and  New- 
port ;  and  on  the  afternoon  of  the   same  day,  the 

boat    returned.,  bringing  in    throo  companies  of*    artil.. 

lery,  and  seven  pieces  of  brass  ordnance,  six  pound- 
ers. The  boat  was  again  despatched  down  the  Bay 
on  the  25th,  and  continued  the  transportation  of  the 
forces,  which  were  pouring  in  from  all  parts  of  the 
State.  A  company  of  Sea  Fencibles,  composed  of 
Mariners,  and  numbering  65  men,  was  formed.  They 
were  to  have  the  care  of  the  great  Paixham  gun,  a 
thirty -t wo  pounder,  and  an  iron  twelve  pounder.  A 
company  of  Carbineers  was  also  formed,  consisting 
mostly  of  young  men  from  Rhode  Island,  then  resi- 
dent in  New  York.  They  were  armed  with  Colt's 
six  barreled  repeating  carbines.  On  Saturday  morn- 
ing, June  25th,  the  act  passed  the  Legislature,  plac- 
ing the  State  under  Martial  Law ;  and  on  Sunday 
morning,  the  26th,  guards  were  posted  at  all  the 
avenues  leading  into  the  city,  and  in  Market  Square. 
The  streets  were  densely  thronged  with  the  military 
and  citizens,  and  War  became  the  sole  topic  of  dis- 


MIGHT    AND     RIGHT.  263 

course.  Thus  a  formidable  array  of  more  than  3000 
troops  was  concentrated  at  Providence,  of  which 
Wm.  Gibbs  McNeill  was  appointed  Major  General, 
who  entered  directly  on  the  duties  of  his  office,  tak- 
ing up  his  Head  Quarters  at  the  Tockwotton  House. 
His  first  military  orders  were  issued,  June  25th.  On 
the  27th  the  banks  were  closed  by  order  of  Gov. 
King,  and  their  business  discontinued  for  the  week ; 
and  on  the  same  day  the  Mayor  issued  the  following  : 

MAYOR'S  PROCLAMATION, 

CITY   OF    PROVIDENCE. 

In  the  present  emergency,  the  Mayor  directs  that  the  following 
regulations  be  observed  in  the  city. 

All  persons  not  on  patrol  or  other  duty,  are  to  retire  to  their 
houses  at  10  o'clock  at  night,  at  which  hour  all  shops  must  be 
closed. 

Persons  wishing  to  leave  the  city,  will  call  at  the  Mayor's  of- 
fice, or  upon  some  officers  authorised  by  the  Governor  to  give 
them,  and  no  person  can  cross  Seekonk  River  after  8  o'clock,  P.  M, 
Permits  are  not  required  for  persons  leaving  in  railroads  and 
steamboats. 

All  persons  are  positively  prohibited  from  assembling  in  large 
groups  after  dark,  and  it  is  specially  urged  upon  parents,  to  keep 
at  home  their  children  and  young  persons  under  their  charge 
after  darks 

Citizens  are  requested  to  hold  themselves  in  readiness  for  fa- 
tigue duty  in  throwing  up  entrenchments. 

In  case  of  an  alarm  of  fire,  the  POLICE  COMPANIES  will 
assemble  immediately  a^t  their  alarm  posts  under  arms.  Citizens 
are  urged  to  repair  to  tne  fire  to  aid  in  working  the  engines,  but 
groups  of  idlers  will  not  be  permitted  in  the  neighborhood  of  any 
fire. 

In  case  of  an  alarm  of  fire,  the  citizens  will  immediately  place 
lights  in  their  windows. 

All  persons  are  cautioned  not  to  attack  or  insult  any  patrol  or 
guard,  such  offences  will  be  severely  punished. 

If  any  person  is  injured  by  the  patrol,  let  him  apply  to  the 
Mayor  for  redress,  the  patrols  and  guards  must  be  obeyed. 

While  the  undersigned  regrets  the  necessity  of  imposing  unu- 
sual regulations,  he  informs  the  citizens  that  they  must  be  com- 
plied with  for  the  protection  of  our  lives  and  property. 

THOMAS  M.  BURGESS,  Mayor. 
Providence,  June  27th,  1842. 

The  Mayor  requests  all  persons  who  do  not  intend  to  be  with 


264  MIGHT    AND    RIGHT. 

the  military,  to  assembly  at  the  GREAT  BRIDGE  to-morrow 
morning,  (this  day)  at  6  o'clock,  with  pick  axes,  shovels,  crow- 
bars, &c,  to  throw  up  redoubts  when  needed,  at  the  outskirts  of 
the  city. 

The  Legislature  under  the  People's  Constitution, 
stood  adjourned  to  meet  on  the  4th  day  of  July.  To 
avoid,  if  possible,  a  collision  with  the  old  Govern- 
ment, it  was  determined  to  meet  in  some  country 
town,  where,  if  the  enemy  should  attack  them,  they 
could  make  a  better  defence.  The  village  of  Che- 
pachet,  in  the  town  of  Gloucester,  16  miles  west 
from  Providence,  and  within  8  or  10  of  the  Connect- 
icut line,  was  selected,  as  affording  the  most  accessi- 
ble means  of  defence,  in  case  of  an  attack.  On 
Wednesday,  the  22d  of  June,  some  few  of  the  offi- 
cers and  men  assembled  at  the  place,  and  commenced 
arrangements  in  advance  of  the  meeting.  Their 
numbers  increased  daily,  and  they  continued  gather- 
ing in  arms,  and  began  fortifying  Acote  Hill,  on  the 
east  side  of  the  road,  perhaps  a  hundred  rods  south 
of  the  compact  part  of  the  village.  Some  forty  or 
fifty  years  since,  the  body  of  a  man  by  the  name  of 
Acote,  and  who  was  supposed  to  have  been  murder- 
ed, was  found  here,  which  gave  rise  to  the  name. 
An  entrenchment  was  thrown  up,  covering  the  road 
on  the  southeast,  south,  and  west ;  and  six  pieces  of 
cannon  were  mounted,  which  could  be  brought  to 
bear  in  those  directions.  The  situation  in  which  the 
party  stood,  and  the  circumstances  under  which  they 
were  called  together,  being  considered,  it  could  not 
be  expected  that  much  order  or  discipline  should  be 
found  in  the  suffrage  ranks.  The  whole  camp  pre- 
sented a  scene  somewhat  like  many  which  occurred 
during  the  revolutionary  struggle. 

Gov.  Dorr  arrived  in  the  village  on  Saturday,  the 
25th.  He  established  his  Quarters  at  Gen.  Sprague's 
Hotel,  and  on  the  same  day  issued  the  following  : 


MIGHT    AND     RIGHT.  265 


STATE    OF    RHODE    ISLAND    AND    PROVIDENCE    PLANTATIONS. 

A  PROCLAMATION, 

BY    THE  GOVERNOR  OF  THE  SAME. 

By  virtue  of  the  authority  vested  in  me  by  the  Constitution,  I 
hereby  convene  the  General  Assembly,  which  was  adjourned  to 
meet  at  Providence  on  Monday  the  4th  of  July  next,  at  the  town 
of  Gloucester  on  the  same  day,  for  the  transaction  of  such  busi- 
ness as  may  come  before  them. 

And  I  hereby  request  the  Towns  and  Districts,  in  which  vaca- 
tions may  have  occurred,  by  the  resignations  of  Representatives 
or  Senators,  to  proceed  forthwith  to  supply  the  same  by  new  elec- 
tions, according  to  the  provisions  of  the  Constitution. 

Given  under  my  hand  and  the  seal  of  State,  at  Gloucester,  the 
25th  day  of  June,  A.  D.  1842. 

THOMAS  WILSON  DORR. 

GENERAL  ORDERS. 

Head  Quarters,  Gloucester,  R.  I. 
June  25th,  1842. 

I  hereby  direct  the  military  of  this  State,  who  are  in  favor  of 
the  People's  Constitution,  to  repair  forthwith  to  Head  Quarters, 
there  to  await  further  orders ;  and  I  request  all  volunteers  and 
volunteer  companies  so  disposed,  to  do  the  same. 

It  has  become  the  duty  of  all  our  citizens  who  believe  that  the 
People  are  sovereign,  and  have  a  right  to  make  and  alter  their 
forms  of  government,  now  to  sustain,  by  all  necessary  means, 
the  Constitution  adopted  and  established  by  the  people  of  this 
State,  and  the  government  elected  under  the  same.  The  only 
alternative  is  an  abject  submission  to  a  despotism,  in  its  various 
practical  effects,  without  a  parallel  in  the  history  of  the  American 
States.  I  call  upon  the  people  of  Rhode  Island  to  assert  their 
rights,  and  to  vindicate  the  freedom  which  they  are  qualified  to 
enjoy  in  common  with  the  other  citizens  of  the  American  repub- 
lic. I  cannot  doubt  that  they  will  cheerfully  and  promptly  re- 
spond to  this  appeal  to  their  patriotism  and  to  their  sense  of  jus- 
tice ;  and  that  they  will  show  themselves  in  this  exigency  to  be 
the  worthy  descendants  of  those  ancestors  who  aided  in  achiev- 
ing our  national  independence. 

THOMAS  W.  DORR,  Governor, 

and  Commander-in-Chief. 
By  order  of  the  Commander-in-Chief, 

William  H.  Potter,  Adj.  General. 

At  this  time  there  were  probably  1000  men  in. the 
village,  destitute  of  arms  ;  and  in  the  encampment, 
about  300  armed  and  equipped,  not  including  those 
23 


266  MIGHT    AND     RIGHT. 

who  manned  the  batteries.     Reports  were  current, 
that  the  enemy  contemplated  an  attack,  which  were 
discredited  by  many,  believing  they  designed  nothing 
more   than   the    defence    of    Providence.      Sunday 
morning  the  roads  were  filled  with  people,  on  foot 
and  in  carriages,  pressing  on  to  the  village  from  every 
direction.     Thousands  Were  not  permitted  to  enter, 
being  stopped  by  the   guards,  until  the  roads  were, 
for  miles,  blocked  up  with  carriages.     This  state  of 
things  continued  through  the  day.     Several  promi- 
nent men  of  the  Suffrage  party  arrived  during  the 
day,  who,  at  an  interview  with  Gov.   Dorr,  endea- 
vored to  dissuade  him  from  his  purpose  ;  but  he  was 
still  unyielding.     Information  which  could  be  relied 
on  had  been  received,  which  left  no  doubt  that  or- 
ders had  been  issued  that  morning,  by  Gen.  McNeill, 
(who  was  comfortably  quartered  at  the  Tockwotton 
House,)  for  the  government  forces  to  be  put  in  mo- 
tion.    Their  disposition  of  attack  was  by  forming 
three  divisions,  the  first  commanded  by  Col.  Wm. 
W.  Brown,  was  ordered  to  Chepachet,  via  Green- 
ville ;  the  second,  under  Col.  Josiah  H.  Martin,  was 
directed  to  take  the  road  north,  through  Wooir socket ; 
and  the  third,  under  Col.  Swan,  proceeded  to  Che- 
pachet by  the  way  of  Scituate.     The  Volunteer  Po- 
lice corps  in  Providence,  were  organised  for  the  pro- 
tection and  defence  of  the  city,  under  the  name  of 
the  City  Guards.     The*  third  Brigade,  under  Gen. 
John  B.    Stedman,   was   composed  of   the    Third, 
Eighth,  and  Eleventh  Regiments,  belonging  to  the 
south  part  of  the  State,  together  with  a  considerable 
number  of  volunteers.     The  Kentish  Guards,  under 
Col.  Allen,  the  United  Train  of  Artillery,  under  Col. 
Bradford    Hodges,    the  Carbineers,    under    Captain 
Olney,    the  Pawtucket   and   Central    Falls    Volun- 
teers, under  Captain  Potter,  were  stationed  at  Paw- 
tucket,   and    the    Pawtuxet    Artillery,    were    post- 
ed at  Pawtuxet..    The  plan  of   operations  of  the 


MIGHT    AND     RIGHT.  267 

Charter  Government,  was  to  concentrate  a  consider- 
able portion  of  their  forces  in  front  of  Mr.  Dorr's 
Camp  at  Acote,  by  marching  detachments  to  Che- 
pachet,  by  different  routes.  Another  object  was  to 
throw  in  a  strong  force  between  the  Connecticut 
line,  and  the  encampment,  in  order  to  cut  off  the 
retreat  of  the  Constitutionists  in  the  rear.  As  pre- 
liminary to  this,  the  Third  Brigade,  Gen.  Stedman, 
was  marched  towards  Foster,  where,  with  the 
Fourth,  under  Gen.  Greene,  it  could  form  a  chain  of 
posts  in  the  rear  of  the  Suffrage  Party.  Col.  Mar- 
tin's regiment  was  marched  to  Woonsocket,  Monday, 
June  27th,  at  10  o'clock,  A.  M.  They  were  to  have 
been  followed  in  the  afternoon  by  the  Sea  Fencibles  ; 
but  some  mistake  occurred  about  transportation,  and 
that  corps  was  detained  till  Tuesday  morning.  On 
Sunday,  Col.  Brown's  regiment  took  up  their  line  of 
march  for  Chepachet,  via  Greenville  ;  a  detachment 
of  which  took  the  road  by  Fruit  Hill ;  and  the  regi- 
ment of  Col.  Swan  marched  on  the  same  day  to 
Scituate ;  also  the  Third  Washington  Brigade,  un« 
der  Gen.  Stedman,  took  the  road  through  Foster. 


CHAPTER  XV. 

THE    PRISONERS. 

It  may  be  asked  why,  in  view  of  all  these  diffi- 
culties, why  Mr.  Dorr  did  not  think  best  to  abandon 
all  further  proceedings  ?  Reasons  did  exist  for  this ; 
and  they  were  weighty.  A  failure  in  the  first  at- 
tempt did  not  affect  the  question  of  right  involved 
in  the  principle  ;  and  the  Chief  Magistrate  was  of 
too  sanguine  and  determined  a  character,  either  to 
believe  that  his  friends  would  abandon  him,  or  that 


268  MIGHT    AND     RIGHT. 

success  was  impossible.  How  should  he  believe  that 
those  "who  had  voted  for  their  own  freedom," 
would  sell  that  freedom  for  a  mess  of  pottage  ;  or 
that  they  would  not  be  ready  to  rally  round  the  Con- 
stitutional standard,  in  its  defence  ?  Accordingly,  his 
orders  were  issued,  and  repeated,  to  all  the  towns  in 
Providence  County,  for  the  military  friendly  to  the 
Constitution,  to  repair  forthwith  to  Head  Quarters  ; 
but  to  his  utter  astonishment,  and  inexpressible  cha- 
grin, so  feeble  was  the  response,  and  so  meagre  was 
the  gathering,  that  only  225  armed  men  were  found 
in  the  Constitutional  ranks,  at  Acote,  on  the  27th, 
the  day  of  the  disbandment.  This  was  a  sad  falling 
off  from  the  numbers  who  had  been  pledged  to  sus- 
tain him.  These  were  represented  to  be  more  than 
1,300  ;  and  a  rumor  also  reached  Mr.  Dorr,  that  500 
men,  under  arms,  were  already  at  Chepachet.  Of 
the  3,500  who  voted  for  the  Constitution  at  Provi- 
dence, but  35  men,  and  10  officers,  came  forward  to 
sustain  it !  A  new  panic  had  seized  them.  They 
declared  that  all  they  wanted  had  been  obtained,  in 
the  call  which  had  been  given  by  the  Charter  As- 
sembly, of  a  Convention  to  frame  another  Constitu- 
tion. Many  of  Mr.  Dorr's  friends  in  Providence,  had 
signed  a  paper,  stating  that  they  denounced  his  pro- 
ceedings, as  no  longer  to  be  "tolerated." 

The  Chartists  held  possession  of  all  the  available 
means  in  the  State.  The  keys  of  a  full  treasury 
were  in  their  hands ;  and  the  funds  were  lavishly 
expended.  They  had  the  money,  the  popularity,  the 
power  of  Rhode  Island,  and  the  sword  of  the  United 
States,  to  sustain  them ;  but  still,  so  long  as  the 
Constitutionists  held  up  their  heads,  and  showed 
themselves  men,  by  boldly  asserting  their  rights, 
they  dared  not  very  deeply  trespass.  But  the  mo- 
ment they  gave  symptoms  of  doubt,  and  misgiving, 
and  fear,  the  cowardly  foe  gathered  courage,  and 
swaggered  furiously.     The  proportion  of  the  Char- 


MIGHT    AND     RIGHT.  269 

tists  to  the  Suffrage  men,  was  as  eighteen  to  one  ; 
and  that  of  the  three  divisions  which  were  sent 
against  Chepachet,  was  as  eleven  to  one. 

In  Y^ew  °f  these  discouraging  circumstances,  a 
council  of  officers  was  held  on  the  morning  of  the 
27th.  They  saw  that  the  cause  was  repudiated  by 
almost  all  of  its  former  friends  —  hundreds  of  whom 
were  daily  taking  up  arms  in  the  ranks  of  their  op- 
pressors, to  be  used  against  a  cause,  which  they  had 
so  solemnly  pledged  themselves  to  support.  They 
had  assembled  in  arms  to  sustain  a  Constitution 
which  had  been  formed  by  the  will  of  the  majority ; 
and,  as  they  confidently  expected,  to  be  sustained  by 
that  majority.  But  contrary  to  this,  their  majority 
had  denounced  them  to  the  enemy,  and  thus  deprived 
them  of  the  Constitutional  right  to  resist  further. 
They  saw  before  them  a  handful  of  men,  ready  to 
immolate  themselves  on  the  shrine  of  Liberty  — 
ready  to  seal  with  their  heart's  blood,  the  word  of 
truth  they  had  pledged,  to  support  their  beloved 
Governor.  Their  post  was  destitute  of  a  supply  of 
water.  They  had  provisions  sufficient  only  for  one 
day.  The  quantity  of  balls  for  the  artillery  pieces, 
would  have  been  exhausted  in  an  engagement  of 
fifteen  minutes.  They  acted  wisely.  They  acted 
justly.  They  could  not  see  the  sacrifice  of  so  much 
self-devotion.  Thomas  Dorr  was  never  more  a  hero 
than  when  he  gave  the  order  to  disband.  That  was 
his  crowning  act  of  nobleness.  He  knew  the  oblo- 
quy that  would  be  heaped  upon  him,*  and  he  dared 
to  meet  it  ;  and  he  has  met  it,  with  an  uncowering 
dignity  —  a  complete  manliness  —  which  has  robbed 
slander  of  her  deadliest  fangs.  But  no  language  can 
portray  the  feelings  of  his  men,  when  this  order  was 
made  known  to  them.  They  felt  that  they  were  not 
overcome  by  their  enemies,  but  by  their  friends ; 
and,  in  their  unutterable  anguish,  strong  men  wept. 

Let  the  world  judge  whether  Gov.   Dorr  acted 
23* 


270  MIGHT    AND     RIGHT. 

right.  He  was  "  in  arms  for  all,  in  the  name  of  all," 
to  sustain  the  rights  of  all,  and  not  to  advance  the 
interests  oi  a  party.  From  the  will  of  the  majority 
he  had  received  his  power  to  act.  That  will  had 
been  his  law ;  and  when  it  was  withdrawn,  how 
could  he  act  legally  in  opposition  to  it?  Or  how 
could  he  act  rightfully,  in  the  sacrifice  of  the  self- 
devoted  few,  who  were  still  willing  to  sustain  him  ? 
It  is  not  strange  that  the  arms  fell  from  his  hands, 
when  he  saw  himself  arrayed  in  opposition,  not  only 
to  his  foes,  but  to  his  friends.  It  is  true  the  great 
principle  remained  the  same  ;  and  so  it  would  have 
been,  had  every  man  turned  traitor ;  but  when  the 
people  of  Rhode  Island  had  shown  themselves  un- 
willing to  receive  their  freedom,  had  their  Governor 
a  right  to  force  it  on  them  ?  I  think  not.  I  speak 
here  entirely  without  regard  to  the  merits  of  the 
question  of  withdrawal  from  the  support  of  the  Con- 
stitution, and  only  in  relation  to  the  overt  action,  the 
outside  facts  of  the  case  ;  for  Mr.  Dorr,  having  no 
right  to  suppose  that  the  private  opinion  of  his  late 
friends  was  contrary  to  their  expressed  opinion,  was 
bound  only  to  act  upon  the  latter.  That  opinion 
did  act  upon  him,  with  all  the  force  of  truth.  By  it 
he  was  surrendered  to  all  the  deadly  persecution  of 
his  enemies  —  to  the  influence  of  a  spirit  more  blood- 
thirsty, more  deeply  venomous,  than  perhaps  has 
ever  been  manifested,  towards  any  individual  in  mo- 
dern times.  He  has  dared  all  this  —  he  has  borne 
all  this,  with  'the  heroism  of  a  great  soul,  without 
mitigation,  and  without  complaint.  Upon  his  single 
head  have  been  poured  out  the  seven  vials  of  wrath  — 
the  whole  concentrated  anger  and  hatred  of  his  ene- 
mies ;  yet  he  has  been  always  firm ;  for  his  anchor 
has  grappled  deep  beneath  the  everlasting  rock  of 
Truth  and  Right. 

A  huge  outcry  has  been  raised  against  the  Consti- 
tutionists,  as  has  been  before  said,  and  they  have 


MIGHT    AND     RIGHT.  271 

been  called  by  many  ugly  and  wicked  names,  such 
as  the  "  Butt-Enders,"  "  Fag-Enders,"  "  The  Rab- 
ble," "The  Mob,"  "Incendiaries,"  "Pirates," 
"Cannibals,"  and  "Worse  than  Cannibals;"  and, 
in  terms  perhaps  still  more  detracting,  the  "Dor- 
mouse Party ;"  while  their  character  and  intentions 
have  been  made  to  square  with  these  titles,  which 
are  singularly  expressive  of  the  refinement,  and  hon- 
esty, of  those  who  coined  them.  But  words  are 
words ;  and  facts  are  quite  other  than  they.  One 
fact  stands  uncontroverted  —  and  it  has  been  pub- 
licly asserted  by  a  Charter  lawyer  of  high  repute  — 
that  no  single  instance  of  the  invasion  of  private 
right,  has  ever  been  sustained  against  any  individual 
of  the  Suffrage  Party.  One  single  trespass  ivas  com- 
mitted ;  but  prompt  compensation  was  rendered. 
Many  slanderous  falsehoods  were,  indeed,  put  in  cir- 
culation, concerning  what  the  Suffrage  men  were 
going  to  do;  but  no  one  can  show  a  single  outrage 
that  they  did  do.  If  they  were,  as  they  have  been 
represented,  why  did  not  the  Chartists  prove  it  ? 
They  had  the  public  purse,  the  public  sword,  all  the 
influence  and  popularity  of  the  clerical  and  legal 
professions  —  the  countenance  of  all  the  State  offi- 
cers —  the  cases  prejudged  in  their  favor  ;  and  all 
"appliances  and  means  to  boot" — and  they  have 
shown  nothing  —  they  could  not  show  anything, 
for  if  they  could,  they  would  have  done  so.  In 
those  scandalous  stories  were  fore-shadowed  the  real 
intentions  of  the  Algerines  themselves.  They  drew 
the  black  picture  from  their  own  black  hearts.  The 
"  sacking  of  Providence"  was  but  a  type  and  sym- 
bol of  the  "sacking  of  Chepachet."  But  with  how 
very  ill  a  grace  should  these  accusations  come  from 
men,  in  whose  ranks  theft,  robbery,  and  burglary, 
were  common  crimes !  But  they  continue  to  make 
these  assertions,  with  audacity  which  nothing  can 
subdue,  and  that  in  the  very  face  of  the  evidence 


272  MIGHT    AND    RIGHT. 

that  they  have  done,  what  they  say  the  Suffrage  men 
would  have  done.  But  they  are  the  lords  parmount. 
They  stand  above  censure,  and  beyond  question. 

The  victory  over  the  Constitutional  Fort  at  Acote, 
has  been  made  the  subject  of  the  weakest  and  silli- 
est exultation.  Let  us  come  near  enough  to  see, 
and  try  how  well  this  point  can  be  sustained.  The 
division  of  the  Charter  forces  nearest  Providence,  at 
Greenville,  must  have  received  the  order  to  advance 
from  Head  Quarters  at  Providence,  as  early  as  9  or 
10  o'clock  on  Monday  evening,  when  the  news  of 
the  disbandment  must  have  reached  them  ;  for  they 
began  to  capture  the  Constitutional  troops,  on  their 
return  home  ;  and  by  these,  if  not  at  an  earlier  date,  by 
their  own  scouts  and  spies,  they  must  have  been  in- 
formed of  the  truth.  Yet  the  division  was  not  put 
in  motion  until  the  next  day,  and  they  did  not  reach 
Chepachet  until  a  quarter  before  eight,  thirteen  hours 
after  the  disbandment.  And  the  gallant  Colonel  also 
took  care  to  ascertain  that  the  picket  guard  of  only 
20  men,  stationed  below  Chepachet,  had  been  with- 
drawn, before  he  ventured  to  move.  It  is  supposed 
that  the  officers  kept  the  secret  of  the  disbandment 
entirely  to  themselves,  and  that  the  men  knew  no- 
thing of  it ;  and  this  accounts  for  the  fact,  that, 
when  approaching  the  village,  and  hearing  the  artil- 
lery pieces  discharged  —  as  they  were  by  some  gen- 
tlemen who  went  into  the  camp  after  its  desertion  — 
so  many  of  the  brave  Algerines  fainted  away.  The 
Suffrage  men  are  said  to  have  shown  a  want  of  spirit 
in  leaving  Chepachet ;  and  their  disbandment  has 
been  stigmatised  as  flight ;  but  what  shall  be  said  of 
an  army  of  2  or  3000  men,  under  experienced  offi- 
cers, well  armed  and  equipped,  with  thirty  field 
pieces,  and  surgeons  enough  to  take  care  of  them,  if 
every  man  was  wounded,  who  yet  shrink  from  at- 
tacking 225  men  in  an  untenable  position,  and  such 
as  the  Constitutionists  are  described  to  be  ?  Look  at 


MIGHT    AND    RIGHT.  273 

the  following  specimen  of  empty  boasting,  equally 
false  and  ridiculous,  in  one  of  the  general  orders  of 
the  day. 

"  Orders  No.  54.  Head  Quarters,  &c,  June  28th, 
1842.  —  The  village  of  Chepachet,  and  fort  of  the 
insurgents,  were  stormfd  at  a  quarter  before  eight 
o'clock,  this  morning,  an«l  taken,  with  about  one 
hundred  prisoners,  by  Col.  William  W.  Brown ;  none 
killed  —  none  wounded" 

Yet  the  fort,  when  they  arrived  there,  Was  as 
empty  as  their  own  boasting.  Not  a  single  man  in 
arms  was  found  in  it.  The  return  of  only  half  a 
dozen  of  the  Suffrage  men  to  Woonsocket,  on  the 
evening  after  the  disbandment,  caused  such  an  alarm 
to  the  Algerine  forces  stationed  there,  as  to  occasion 
the  getting  up  and  rehearsal  of  a  real  "  farce."  It 
seems  that  on  Monday  evening,  sentinels  were  sent 
out  about  two  miles  from  the  village,  to  the  top  of  a 
high  hill,  to  discover,  if  possible,  any  movement  of 
the  Dorrites,  and  report  with  all  possible  despatch. 
About  10  o'clock  two  men  were  discovered  at  some 
distance,  on  foot,  and  coming  towards  Woonsocket. 
The  brave  sentinels,  filled  with  terror,  took  up  their 
line  of  march,  running  their. horses  at  the  top  of  their 
speed,  to  give  warning  to  the  Algerines,  who  were 
snugly  esconced  at  Woonsocket.  A  call  to  arms  was 
instantly  given,  and  the  troops  fled  with  all  possible 
expedition,  falling  back  towards  Mannville,  a  village 
some  four  miles  distant,  and  Woonsocket  was  left 
without  a  soul  to  defend  it,  except  women.  On 
finding  that  no  invading  foe  had  arrived,  they  were 
ordered  by  their  commanding  officer  back  to  Woon- 
socket ;  and  on  Tuesday  morning  they  re-entered 
the  village,  with  as  much  pomp,  though  on  a  small 
scale,  as  was  displayed  by  Napoleon  on  entering 
Paris,  after  his  return  from  Elba.  The  Chartists 
have  certainly^  throughout  the  contest,  displayed 
"the  better  part  of  valor,"  in  an  eminent  degree; 


274  MIGHT    AND    RIGHT. 

nor  are  some  of  the  Suffrage  officers  entirely  without 
claim  to  this  praise  ;  and,  in  strict  justice,  they  should 
have  their  due. 

But  I  must  return  to  the  sacking  of  the  village. 
On  the  arrival  of  the  Charter  troops,  two  or  three  of 
the  Suffrage  men,  together  with  three  gentlemen 
from  Boston,  were  engaged  in  removing  the  cannon 
from  the  hill ;  and  they  had  succeeded  in  getting  all 
down  but  two.  One  of  these  men,  Mr.  Lord,  stood 
just  before  the  battery  when  Col.  Rivers  came  up,  in 
great  agitation,  and  pointing  towards  the  fort,  asked, 
in  tremulous  tones,  "  Will  they  fire  ?"  "  No,"  re- 
plied Mr.  Lord,  there  is  nothing  there,  but  two  can- 
non, and  they  are  empty;  go  and  take  them."  At 
that  moment  Mr.  L.  saw  two  of  the  Suffrage  men 
just  over  the  brow  of  the  hill ;  and  he  waved  his 
hand  for  them  to  escape,  which  they  did.  Upon  the 
strength  of  this  assurance,  Col.  Rivers  ascended  the 
hill ;  and,  waving  his  hat,  gave  theee  cheers,  and 
took  possession.  The  main  body  then  appeared, 
slowly  advancing ;  and  they  soon  came  up  to  Mr. 
Lord,  who  had  stopped  at  the  south  side  of  the  road, 
and  there  awaited  their  approach.  As  they  came 
near,  he  said,  "  Gentlemen,  I  surrender  myself  a 
prisoner  of  war.  On  perceiving  him,  they  cried  out, 
"Shoot  the  d'n'd  Rebel!"  "Cut  him  down!" 
"Down  with  the  Traitor!"  "Shoot  him."  After 
much  cowardly  abuse  of  an  unarmed  man,  who  had 
surrendered  himself  to  their  mercy,  they  commenced 
searching  him.  Several  seized  him  at  once,  and  al- 
most tore  him  limb  from  limb,  while  one  presented 
two  pistols  at  his  breast,  and  another  a  musket  at  his 
back,  threatening  instant  death.  During  the  scuffle 
a  Providence  gentleman  came  up,  recognised  Mr. 
Lord,  called  him  by  name,  and  afforded  him  protec- 
tion. He  should  be  known,  for  merciful  Algerines 
are  rare  as  comets.  His  name  is  Thomas  J.  Stedman. 
Let  that  name  be  held  in  remembrance,  as  it  ever 


MIGHT    AND     RIGHT.  275 

will  be  by  the  grateful  man  whom  he  so  generously 
served.  The  column  then  moved  on  until  they 
came  in  front  of  Gen.  Sprague's  Hotel.  Some  of 
the  party  rushed  into  the  house,  and  a  scene  of  con- 
fusion ensued,  in  which  the  cries  of  "  Shoot  'em 
down  !  Shoot  'em  down  !"  were  continually  kept  up 
by  the  Algerines.  Some  one  fastened  the  front  door, 
shutting  in  a  considerable  number  of  the  Charter 
soldiers,  along  with  some  unarmed  citizens  of  the 
place,  who  had  been  attracted  by  the  gathering.  An 
effort  was  made  by  those  on  the  outside  to  break 
down  the  door  ;  but,  finding  that  impossible,  Mr. 
John  T.  Pitman  fired  through  the  key-hole.  Mr.  Hol- 
brook,  of  Boston,  called  out  to  him,  "  For  God's  sake 
do  not  fire  ;  you  may  kill  some  of  your  friends."  Just 
as  the  piece  discharged,  he  cried  out,  in  great  excite- 
ment, "  I  don't  care  a  G'd  d'n,  if  can  only  kill  some- 
body !"  It  seems  really  providential,  that  no  one 
was  killed,  by  this  rash  and  murderous  act.  One 
man  was  shot  in  the  thigh,  and  another  very  nar- 
rowly escaped.  The  bullet  itself  has  been  preserved. 
It  will  be  sent  to  Boston,  where  it  will  be  kept  to 
illustrate  the  Rhode  Island  Algerine  Spirit  of  1842. 

Gen.  Sprague  being  a  Suffrage  man,  was  consid- 
ered by  these  marauders  as  lawful  prey.  The  troops 
took  possession  of  his  house  and  effects,  appropriating 
to  themselves  whatever  they  chose.  In  the  follow- 
ing fact  is  found  a  solution  of  their  cowardice  and 
their  insolence.  While  at  Mr.  Sprague's  house, 
which  time  was  somewhat  less  than  two  days,  they 
disposed  of  37  gallons  of  Brandy,  29  gallons  of  West 
India  Rum,  34  flasks  of  liquor,  1  1-2  doz.  bottles  of 
old  Madeira,  1  1-4  Sherry  Wine,  12  doz.  Champagne, 
2  doz.  Cider,  940  glasses  of  liquor  at  the  bar,  and 
more  than  $100  worth  of  liquor  beside,  delivered  by 
Gen.  Sprague's  brother.  And  such  accounts  can  be 
found  on  the  books  of  all  houses  where  they  quar- 
tered.    Much  has  been  said  of  the  hardships  and 


276  MIGHT    AND     RIGHT. 

privation  which  the  Charter  troops  endured ;  yet  it 
is  well  known  that  the  treasury  of  the  State  was  at 
their  command,  and  that  their  whole  course  was 
but  a  series  of  carousals,  and  drunken  riots.  There 
is  but  one  excuse  for  many  of  their  acts ;  and 
that  is  found  in  the  amount  of  liquor  drank.  It  is 
a  poor  excuse,  that  of  drunkenness  ;  but  it  is  all  they 
have.  While  they  remained  at  Gen.  Sprague's,  the 
valiant  Chartists  seldom  asked  for  a  pie,  or  a  pitcher 
of  water,  without  presenting  a  cocked  pistol,  or  a 
leveled  bayonet,  and  this  even  to  females.  Nor 
would  they  go  into  the  cellar,  or  to  any  remote  part 
of  the  premises,  unless  escorted  by  a  strong  guard  of 
the  servants  of  the  house.  They  brojte  much  glass 
and  crockery,  carried  off  cutlery  and  wooden  ware, 
and  injured  the  house  and  furniture  shamefully.  On 
their  departure,  bits  of  fat  meat,  lumps  of  butter, 
pieces  of  cigars  and  tobacco,  with  fragments  of  al- 
most every  eatable  thing,  were  trodden  into  the  car- 
pets, where  they  had  been  lodged,  when  the  gentry 
of  Rhode  Island  amused  themselves  by  throwing  such 
missiles  at  each  other.  They  also  wiped  their  greasy 
fingers  on  the  curtains,  and  got  into  nice  beds  with 
boots  and  armor,  carrying  with  them  pieces  of  ham 
and  greasy  meat.  Such  were  the  manifestations  of 
Rhode  Island  "  Law  and  Order."  In  addition  to  all 
these  spoils,  they  consumed  and  wasted  of  Mr. 
Sprague's  property,  820  bushels  of  oats,  17  tons  of 
hay,  50  bushels  of  corn,  16  bushels  of  meal,  1-4  of 
a  ton  of  rye  straw,  and  11,500  cigars,  and  much 
other  property.  There  were  2,400  meals  charged ; 
yet  there  must  have  been  hundreds,  if  not  thousands 
more,  eaten,  of  which  no  account  ever  was  made. 
And  for  all  this  outrage,  insult,  and  injury,  General 
Sprague  has  never  been  able  to  recover  anything. 
He  strove  to  obtain  some  redress  from  the  Algerine 
Legislature  ;  but  they  considered  him  as  lawful  spoil, 
and  refused  all  compensation. 


MIGHT    AND     RIGHT.  277 

The  prisoners,  numbering  about  130,  were  marched 
to  a  barn,  under  a  strong  guard,  and  there  kept.  Af- 
ter the  troops  had  taken  their  rations,  the  fragments 
were  swept  into  barrels,  and  carried  to  the  prisoners. 
The  latter  were  removed  on  Tuesday  night,  to  the 
loft  of  another  building  ;  and  the  Algerines,  mean- 
while, had  been  busy  in  their  work  of  pillage.  They 
robbed  and  plundered,  indiscriminately,  all  who 
were,  or  who  were  reputed  to  be,  on  the  Suffrage 
side.  The  history  of  these  depredations,  alone, 
would  more  than  fill  the  book  I  am  writing ;  and  I . 
must  defer  the  details  until  I  have  a  wider  space  be- 
fore me,  than  I  now  have.  It  may  be  observed, 
however,  that  they  went  systematically  about  this 
business,  as  if  it  had  been  a  part  of  their  general  or- 
ders ;  and  it  is  more  than  suspected  —  it  is  pretty 
well  known  —  that  there  was  an  understanding  on 
this  point,  between  officers  and  men,  and  that  the 
value  of  the  spoils  had  been  held  out  as  an  incentive 
to  join  their  ranks.  Such  would  appear  to  be  the 
fact,  from  the  following  testimony ;  or,  at  least,  that 
the  men  claimed  the  right  of  plunder,  as  one  of  their 
perquisites,  whether  it  was  openly  sanctioned  by  the 
officers,  or  not. 

"  I  reside  in  Chepachet,  town  of  Gloucester.  On 
the  afternoon  of  Tuesday,  June  28th,  1842,  while 
the  Algerine  troops  were  in  possession  of  the  village, 
two  or  three  men  came  into  my  store.  One  of  them 
stepped  up  to  another  person  who  was  in  the  store, 
and  told  him  that  the  Bristol  Company  had  made  a 
fine  haul,  as  he  expressed  it,  that  day.  They  had 
just  found  a  large  amount  of  valuable  property  in  a 
building,  I  think  a  barn  ;  that  one  of  the  articles  was 
a  fine  two-barreled  gun,  which  he  thought  was  worth 
forty  dollars  —  and  that  the  Bristol  Company  would 
make  a  very  profitable  affair  of  their  trip  to  Che- 
pachet, much  more  so  than  any  of  the  other  Compa- 
nies ;  that  '  our  Newport  Company,'  as  he  expressed 
24 


278  MIGHT    AND    RIGHT. 

it,  had  been  too  negligent,  and  it  stood  them  in  hand 
to  be  more  active,  in  order  to  secure  their  share.  This 
was  said  in  a  manner  that  appeared  as  if  he  felt 
vexed  at  the  better  success  of  the  Bristol  Company 
in  obtaining  plunder. 

"CLOVIS  H.  BOWEN." 

On  Tuesday,  at  9  o'clock,  A.  M.,  food  of  the  same 
kind  as  before,  was  again  brought  to  the  prisoners, 
who,  for  the  most  part,  rejected  it.  They  were  then 
brought  out,  and  tied,  eight  together,  with  ropes 
which  the  Algerines  had  stolen.  The  captives  were 
then  paraded  opposite  Sprague's  Hotel,  and  kept 
there  standing,  unsheltered,  for  nearly  two  hours,  in 
an  intensely  hot  sun.  Many  of  these  men  had  not 
taken  up  arms  at  all,  but  had  merely  been  attracted 
to  the  village  from  curiosity.  The  Daily  Chronicle 
of  June  30,  had  the  following  paragraph  in  relation 
to  the  prisoners,  and  their  capture. 

"  The  scene  was  a  rich  one  ;  pen  is  inadequate  to 
a  description  of  it.  The  prisoners  seemed  to  be  as" 
wretched  and  God-forsaken  a  body  of  men,  as  we 
ever  saw.  They  were  tied  together,  like  a  parcel  of 
sheep  ;  and  their  appearance  indicated  anything  but 
a  consciousness  of  their  forlorn  condition.  These 
men  are  guilty  enough,  Heaven  knows  ;  but  how 
much  more  deeply,  damnably  so,  must  be  those  who 
incited  them  to  outrage  !  That  punishment  will  fall 
upon  all,  is  certain.     May  it  prove  an  useful  lesson." 

I  pity  the  man  who  wrote  that  paragraph.  There 
is  a  cold-blooded  ferocity  in  it,  a  brutal  insensibility, 
I  never  saw  equalled.  There  is  no  need  of  any  out- 
ward hell  for  such  spirits.  The  malignant  elements 
of  their  own  nature,  would  produce  a  deeper  Inferno, 
than  the  most  orthodox  imagination  ever  painted. 
The  Suffrage  Party,  as  has  been  before  said,  were 
mostly  yeomanry,  mechanics,  and  laborers ;  and 
when  the  alarm  sounded,  and  their  liberties  were  in 
danger,  they  flew  to  the  rescue,  in  their  common  la- 


MIGHT    AND     RIGHT.  279 

boring  apparel.  Their  appearance  was  no-wise  im- 
proved by  toil,  and  sweat,  and  dust,  by  being  bound 
with  ropes,  and  driven  like  beasts  through  the  public 
highways,  suffering  the  meanwhile  of  hunger  and 
thirst,  until  their  unspeakable  anguish  was  nearly 
passing  into  despair.  And  were  they  God-forsaken  ? 
Does  God,  then,  cast  a  man  out  from  his  protection, 
because  his  garments  are  homely,  or  even  soiled  and 
torn  ?  Those  prisoners  were  honest  men.  They  had 
not  learned  the  game  of  fashionable  bankruptcy,  by 
which  the  Rhode  Island  Algerines,  almost  without 
exception,  (for  they  are  one  great  body  of  bankrupts) 
have  supplied  themselves  with  fine  houses,  fine  fur- 
niture, fine  carriages,  and  fine  broad-cloth,  from  the 
fruits  of  unpaid  labor  ;  and  did  God  forsake  them 
for  this  ?  Will  he  not  rather  cast  out  from  his  pre- 
sence the  fashionable  Vampire  that  fattens  upon  the 
life  of  the  poor  ?  Those  130  God-forsaken  prisoners, 
were  afterwards  tried  by  creatures  of  the  Chronicle's 
own  party ;  and  they  were,  almost  to  a  man,  acquit- 
ted.    So  much  for  truth. 

The  barn  where  the  prisoners  were  kept,  had  been 
occupied  by  a  baker.  It  was  stripped  of  everything ; 
barn  and  carriage  furniture,  and  every  removable 
thing ;  and  the  whole  village  was  sacked.  When 
the  prisoners  were  searched,  everything  was  taken 
from  them,  penknives,  pencils,  money,  and  watches. 
Some  objected  that  such  was  private  property  ;  but 
nothing  was  given  back  on  that  account. 

On  the  way  to  Providence,  the  Algerine  victors 
stopped  frequently  for  food,  and  milk,  which  they 
stole,  or  rather  took  by  robbery,  from  the  farm  houses 
as  they  passed  along  ;  but  the  poor  prisoners,  faint, 
weary,  bruised  by  the  ropes,  and  almost  heart-broken 
as  they  were,  were  not  always  permitted  to  receive 
drink  from  the  brooks,  that  were  fed  by  the  free  rain 
of  Heaven !  Because,  their  arms  being  pinioned  be- 
hind them,  they  could  not  help  themselves,  and,  of 


280  MIGHT    AND     RIGHT. 

course,  the  lords  must  be  first  administered  to  ;  and 
by  the  time'  they  had  finished,  they  were  in  a  hurry 
to  go ;  and  with  their  parching  thirst  unsatisfied, 
the  prisoners  were  marched  on,  beneath  a  sun  of  al- 
most torrid  heat. 

Soon  after  leaving  Chepachet,  they  fell  in  with  an 
old  colored  man,  who  was  very  lame,  walking  qui- 
etly by  the  road  side.  They  threw  away  the  poor 
old  man's  cane,  tied  his  dog  to  a  wagon,  and  giving 
him  one  of  the  muskets  they  had  stolen,  compelled 
him  to  march  beside  the  prisoners,  as  a  guard.  The 
Church  at  Greenville  had  been  used  for  barracks, 
during  the  sojourn  of  the  troops  at  that  village  ;  and, 
on  their  return,  they  marched  the  prisoners  into  the 
desecrated  fane,  and  stopped  for  rest  and  refresh- 
ment. Here  the  prisoners  were  again  offered  food, 
of  which  some  of  them  partook,  but  others  were  too 
full  to  eat ;  but  they  got  some  water,  and  by  this 
were  relieved  of  their  dreadful  thirst. 

After  halting  an  hour,  they  were  marched  off  again. 
When  they  arrived  at  Tripptown,  an  accident  oc- 
curred, which  came  very  near  producing  a  fatal  re- 
sult. By  the  accidental  discharge  of  a  pistol,  one  of 
the  flank  guards  was  wounded  in  the  thigh.  He  fell 
to  the  ground,  and,  at  the  same  moment,  several 
others  of  the  Algerines,  whose  valor  has  been  so 
highly  lauded,  fell,  also  —  having  fainted  away,  or 
taken  it  for  granted  that  they  were  dead  men.  This 
produced  an  intense  excitement.  All  the  array  of 
surgeons  were  called  into  action  ;  and  it  took  some 
time  to  find  out  who  was  the  wounded  man.  The 
re-action  of  their  fears,  produced  anger  of  the  most 
passionate  and  deadly  character.  The  discharge  of 
the  pistol  was  laid  to  the  prisoners,  although  they 
were  bound  eight  together,  and  had  the  use  of  neither 
weapons  nor  hands.  An  order  was  given  to  fire  upon 
the  d'nd  Rebels ;  and  they  would  have  been  shot 
down,  without  further  inquiry,  had  not  a  woman, 


MIGHT    AND     RI&«T.  281 

who  had  been  attracted  by  the  procession,  witnessed 
the  accident.  She  called  out  for  them  to  stop,  and 
then  explained  how  it  happened,  and  thus  saved  the 
lives  of  the  prisoners. 

It  should  not  be  forgotten  that  these  130  prisoners 
were  bound  with  ropes,  eight  together,  their  hands 
being  pinioned  behind  them.     There  was  a  contin- 
ual wrenching,  one  way  and  another,  from  uneasi- 
ness and  pain,  as  well  as  from  a  constant  struggle  of 
each  man  to  avoid  the  rough  places  in  the  road,  and 
get    the   best    path  for  himself  to   walk  in.     The 
Rhode  Island  slaves  (so  their  savage  captors  suppos- 
ed,) had  been  brought  under  the  yoke,  years  before  ; 
and  their  necks  had  been  pretty  well  bowed ;  but 
they  had  never  been  broken  to  the  harness,  and  they 
were  restive,  when  that  harness  galled.     If  any  one 
lagged  behind  for  an  instant,  he  was  pricked  with 
the  bayonet,  or  a  pistol,  or  musket,  was  leveled  at 
his  head  or  breast.     In  addition  to  all  this  physical 
discomfort,  hunger,  thirst,  bruised  feet,  and  arms,  in- 
tolerable fatigue,  and  almost  broken  hearts,  every 
kind  and  degree  of  insult  and  abuse  was  continually 
heaped  upon  them,  which  evil  spirits  under  the  in- 
fluence  of  evil  spirits,  could  invent  —  insult    and 
abuse  such  as  no  man  ever  offered  to  man,  whatever 
might  be  his  condition ;  for  the  wretch  who  can  in- 
sult a  fallen  foe,  is  a  libel  on  the  character,  and  a  dis- 
grace to  the  name  of  man. 

On  reaching  the  city  the  prisoners  were  halted, 
first,  opposite  to  the  Hoyle  tavern,  when  a  new  ac- 
cession of  blackguard  ruffianism  appeared  •  and  a 
law  and  order  mob,  continually  increasing,  escorted 
the  procession  through  the  streets,  with  hooting,  and 
hissing,  and  all  foul  and  inhuman  abuses.  They 
were  halted  again  opposite  Col.  Brown's  residence, 
and,  in  various  other  places  ;  and  the  lady-Algerines 
waved  their  handkerchiefs,  and  threw  flowers  to  tha 
24* 


282  MIGHT    AND     RIGHT. 

conquering  heroes,  in  the  greatest  profusion,  from 
every  window,  and  terrace,  as  they  passed  along, 
thus  acknowledging  themselves  indebted  for  all  their 
remaining  virtue,  to  the  triumphant  defenders  of 
"  Banks  and  Beauty"  —  a  band  of  filthy,  drunken 
licentiates !  Oh,  Modesty !  where  was  then  thy 
blush  ?  And  Truth,  and  Justice,  where  were  your 
defenders?  Led  in  cruel  bonds  by  wicked  men, 
through  the  city  of  Roger  Williams,  and  the  fair 
hands  of  woman  garlanding  their  brutal  captors.  If 
there  ever  was  a  time  to  be  ashamed  of  Rhode 
Island  —  ay,  with  the  deepest,  sincerest  shame,  that 
was  the  hour.  This  conduct  of  the  Algerine  women 
is  hardly  to  be  excused,  in  any  way.  Whatever 
might  have  been  their  political  sentiments,  the  sight 
of  the  prisoners  —  men,  their  neighbors  and  friends, 
and,  in  many  cases,  near  relatives,  driven  through 
the  streets,  bound  with  ropes,  amid  cruel  insults,  and 
bitter  curses,  should  have  subduced  their  animosity, 
and  caused  a  reaction  of  feeling  —  and  would  have 
done  so,  if  every  single  particle  of  the  true  nature  of 
woman,  had  not  been  crushed  by  a  passion  so  mon- 
strous, that  it  is  difficult  to  believe  the  female  breast 
could  have  harbored  it.  Many  of  these  women  are 
said  to  have  practised  pistol  shooting,  in  order,  I 
suppose,  to  defend  their  honor  against  Thomas  Dorr, 
the  wholesale  violator ;  and  murderous  wishes,  and 
expressions,  were  not  unfrequently  on  their  lips.  All 
history  proves  that  woman  naturally  inclines  to  the 
side  of  mercy  ;  and  that  without  question  of  whether 
the  sufferer  was  friend,  or  enemy,  or  right,  or  wrong. 
The  conduct  of  the  female  Algerines  of  Rhode 
Island,  presents  a  mortifying  contrast  to  this  charac- 
ter —  a  monstrous  deformity  in  the  fair  proportions 
of  woman. 

And  these  men,  to  the  eye  of  the  Chro- 
nicle, had  no  "sense  of  their  forlorn  condition?" 
That  is  not  to  be  wondered  at :  for  the  Rev.   Dr. 


MIGHT    AND     RIGHT.  283 

Wayland  had  just  begun  to  discover  traces  of  "  deep 
feeling,"  and,  of  course,  it  would  not  do  to  go  be- 
yond a  Doctor  of  Divinity. 

At  the  head  of  College  street  another  halt  was 
made,  and  orders  were  given  to  load  with  dou- 
ble ball  cartridge ;  and  an  understanding  was  con- 
veyed to  the  men,  that  they  were  to  be  taken  round 
back  of  the  Colleges,  and  SHOT.  This  capped  the 
climax  of  brutal  depravity.  Many  believed  they 
were  to  be  shot,  and  some  boys,  and  young  lads, 
could  not  forbear  crying  aloud  in  the  intense  agony 
occasioned  by  the  idea  of  a  cruel  and  unnatural 
death. 

When  the  tortured  nerves  had  been  wrung  to  their 
utmost  tension,  the  captives  were  marched  over  to 
the  prison,  so  exhausted,  so  worn  out,  that  any  shel- 
ter was  welcome.  They  were  crowded  in  together, 
from  12  to  14  in  a  cell  of  7  feet  by  9,  with  an  aper- 
ture 7  inches  long  and  4  wide,  the  only  opening  for 
the  admission  of  air.  No  tongue  can  tell  —  do  im- 
agination can  paint  —  the  horrors  of  that  prison. 
Think  of  it !  14  men  occupying  a  space  of  7  feet  by 
9,  in  that  oppressively  hot  weather,  and  breathing 
that  putrid  air !  Eleven  of  the  14  could  just  lie 
down,  wedged  in  together,  "  heads  and  points,"  as 
they  expressed  it ;  and  then  the  remaining  3  had 
just,  and  only  room  enough  to  stand  in.  It  is  very 
hard  to  be  crowded  at  all,  when  one  is  tired ;  and 
think  of  those  harrassed,  faint,  and  jaded  men,  lying 
in  that  manner,  on  the  bare  pavement !  It  is  horri- 
ble !  But  the  worst  of  all  was,  the  perfectly  foetid 
air ! 

Much  fault  has  been  found  with  Dr.  Brownell,  the 
Surgeon  General,  and  much  hard  feeling  towards 
him  still  exists.  He  made  great  exertions  to  have 
the  prisoners  removed  to  the  yard,  and  the  ,  cells 
thinned  out ;  but  in  this  step  he  was  violently  op- 
posed by  the  Mayor,  Thomas  M.  Burgess,  as  well  as 


284  MIGHT    AND     RIGHT. 

by  the  Governor  and  Council.  He,  however,  repu- 
diated the  authority  of  the  Mayor,  and  went  to  the 
military  commander,  who  sanctioned  his  plan  of  re- 
moving the  prisoners  to  the  yard,  and  making  them 
more  comfortable.  As  there  has  been  much  misre- 
presentation in  regard  to  the  conduct  of  this  gentle- 
man, I  feel  it  a  duty  to  place  the  circumstance  in  its 
true  light ;  and  I  do  not  hesitate  to  say,  that  though 
Dr.  Brownell  may  sometimes  have  failed  in  his  duty 
—  for  in  the  service  of  such  a  bad  cause  who  could 
do  wholly  right  ?  —  still  there  is  the  fullest  evidence, 
that  had  it  not  been  for  his  humanity  and  persever- 
ance, on  this  occasion,  in  thinning  out  those  noisome 
cells,  previous  to  the  hot  night  which  followed,  the 
morning  would  have  found  dead  as  many  of  the  suf- 
ferers, in  proportion,  as  were  found  in  the  Black 
Hole  at  Calcutta !  How  well,  and  truly,  this  speaks 
for  the  humanity  of  Rhode  Island  Magistrates,  under 
Martial  Law  !  Is  not  Algiers  disgraced  and  scandal- 
ised by  lending  them  her  name  ? 

A  guard  of  loafers  from  South  Water  street  sur- 
rounded the  prison ;  and  whenever  the  prisoners  ap- 
peared, or  their  friends  visited  them,  they  were  sub- 
ject to  the  insults  and  abuse  of  the  whole  gang. 

Much  has  been  said  of  the  fare  of  the  prisoners, 
for,  and  against.  I  will  endeavor  to  state  the  truth. 
They  had  two  meals  a  day,  one  at  ten  o'clock,  the 
other  at  three.  Their  fare  consisted  almost  wholly 
of  bread  and  ham.  These  were,  for  several  weeks, 
the  fragments  of  the  Algerine  carousals.  The 
weather  was  very  hot,  and  the  ham  was  often  offen- 
sive, sometimes  maggoty  ;  and  the  bread  was  some- 
times sour,  and  frequently  mouldy.  And  even  this 
was  served  in  the  most  offensive  manner  ;  a  piece  of 
bread,  and  one  of  ham,  being  passed  in  at  the  aper- 
ture of  the  door  with  the  hand,  and  received  by  the 
hand.  The  regular  prison  fare  was  somewhat  bet- 
ter,    The  prisoners  must  have  suffered  not  only  from 


MIGHT    AND     RIGHT.  285 

bad  food ,  but  for  the  want  of  food,  if  their  friends 
had  not  supplied  them ;  and  some  who  had  no 
friends  to  think  of  them,  would  beg  for  the  stinking 
ham  and  mouldy  bread  —  the  rations  of  their  more 
fortunate  companions.  But  seldom  were  such  for- 
gotten ;  the  more  fortunate  were  ready  to  share  with 
the  less  ;  and  all  who  visited  the  prison  on  these  er- 
rands of  mercy,  were  the  friends  of  the  friendless. 

The  organization  of  the  Court  of  Commissioners, 
who  tried  the  prisoners,  was  the  most  singular  mock- 
ery of  justice  I  ever  heard  of.  Neither  the  officers, 
or  any  of  the  witnesses  were  sworn ;  and  no  man 
felt  himself  particularly  obliged  to  speak  the  truth  — 
an  obligation  which  would,  indeed,  have  been  quite 
novel  among  the  subjects  of  modern  Algiers.  The 
prisoners  were  arrested  by  a  military,  and  tried  by  a 
civil  process  —  or  arrested  by  a  civil  process,  under 
Martial  Law.  Any  prominent  individual  among  the 
Algerines,  could  control  the  fate  of  any  prisoner  he 
pleased  ;  and  when  the  prisoner  refused  to  recant,  at 
the  instigation  of  his  rich  neighbor,  or  employer,  the 
influence  of  the  latter  would  react  against  him.  Dur- 
ing examination,  the  prisoners  were  not  only  har- 
rassed  and  insulted,  by  the  Algerine  loafers  who  al- 
ways attended  on  such  occasions,  but,  contrary  to 
all  usage,  they  were  obliged  to  be  their  own  accu- 
sers. And,  not  only  so,  but  any  person  among  the 
spectators  might  volunteer  his  evidence,  and  that 
evidence,  if  against  the  prisoner,  (and  no  other  could 
be  found  in  that  den  of  devils,)  would  be  taken; 
and  a  decision  affecting  the  liberty,  the  comfort,  the 
health,  perhaps  the  life  of  a  worthy  individual,  might 
depend  upon  the  false  assertions  of  any  malicious 
scoundrel  who  might  happen  to  have  a  grudge 
against  him  !  Hundreds  of  prisoners  were  commit- 
ted, without  any  alleged  reason,  or  any  legal  process  ; 
and  after  being  subjected  to  all  these  insults,  morti- 
fications, and  sufferings,  for  months,  liberated  in  the 


286  MIGHT    AND    RIGHT. 

same  wanner.  It  was  dangerous  to  speak  an  honest 
opinion  against  the  party  in  power ;  and  many  were 
committed  for  doing  so  ;  and  even  upon  the  bare  sus- 
picion of  friendliness  to  the  Suffrage  cause. 

In  Bristol  Jail,  the  prisoners  suffered  exceedingly 
for  the  want  of  water,  as  they  did  also  at  Provi- 
dence ;  the  water  at  both  places  being  conveyed  in 
leaden  pipes,  and  so  warm,  as  to  be  almost  a  vomit. 
One  of  the  Bristol  prisoners  told  me  his  sufferings  on 
this  account  were  so  severe,  that  he  offered  to  give 
20  dollars  for  a  pail  of  water ;  and  though  he  was 
able  to  pay,  and  perfectly  honest  in  his  offer,  they 
refused  either  to  sell  or  give,  one  absolutely  suffering 
for  it,  and  his  wretched  companions  a  drink  of  cold 

WATER. 

In  Newport,  the  prisoners  in  the  lower  cells  suf- 
fered dreadfully  from  cold.  These  lower  cells  were 
damp  and  dark  —  so  dark  as  to  require  a  lamp  at 
mid-day,  in  order  to  read  a  common  book  —  and  so 
damp,  that  all  substances  like  cloth  were  continually 
saturated  with  moisture  ;  but  they  had  no  fire,  or 
worse  than  none,  until  some  time  late,  in  December. 
The  autumn  had  been  very  cold :  and  that  was  the 
coldest  December  that  had  been  known  for  many 
years.  A  benevolent  lady  visited  Gov.  King,  and 
informed  him  of  the  disgraceful  fact.  He  immedi- 
ately ordered  Henry  Y.  Cranston  to  visit  the  prison, 
and  report  on  the  subject.  He  did  so,  after  making 
a  delay  of  several  days,  in  order,  I  suppose,  to  wring 
out  a  little  more  suffering ;  and  then  he  never  de- 
scended to  the  lower  cells.  He  asked  the  prisoners 
above,  how  they  were,  in  regard  to  warmth.  They 
answered  they  were  quite  comfortable,  as  respected 
warmth  ;  and  Mr.  Cranston  made  his  report,  which 
was  published  in  the  Journal.  But  by  a  fortunate 
accident,  the  members  of  one  of  the  State  Courts, 
then  in  session  at  Newport,  visited  the  prision,  and 
ascertained  the  truth.     They  immediately  sent  for  a 


MIGHT    AND     RIGHT.  287 

thermometer,  and  found,  by  actual  experiment,  that 
the  air  was  colder  within  the  cells,  than  on  the  out- 
side of  the  prison.  This  was  owing  to  the  strong 
current,  which  was  created  by  the  stoves  in  the  cor- 
ridor adjoining.  They  would  have  perished  —  they 
must  have  perished,  had  it  not  been  for  the  kindness 
of  the  citizens,  who  sent  them  hot  drinks,  and  a 
plenty  of  warm  food  ;  aud  also  lamps  to  burn  day 
and  night,  that  the  cheering  light,  and  slight  warmth, 
might,  in  some  degree,  alleviate  the  sufferings  of 
those  miserable  men.  Their  food  was  better  than  at 
Providence,  and  it  was,  perhaps,  sufficient  to  sustain 
life ;  but  they  never  had  enough  to  satisfy  the  crav- 
ings of  hunger  of  ordinary  appetites. 

Is  it  not  strange  that  such  gross  outrages  upon  the 
rights  of  humanity,  should  have  been  committed  in 
the  face  and  eyes  of  the  whole  world,  and  so  little 
have  been  said  about  it  ?  A  whole  political  party, 
either  openly  advocated,  or  resolutely  shut  their  eyes 
upon  the  facts  ;  and  where  were  the  Abolitionists, 
the  professed  philanthropists  of  the  North,  that  they 
did  not  enter  their  protest  against  these  proceed- 
ings? 

If  a  band  of  colored  men  had  been  marched 
through  the  streets  of  Providence,  under  the  same 
circumstances  all  New  England  would  have  been  in 
a  blaze.  I  have  yet  to  learn,  that  black  men  are 
better  than  white  men,  or  that  their  rights  are  any 
more  sacred ! 


288  MIGHT    AND    RIGHT. 

CHAPTER  XVI. 

OUTLINES    OF    HISTORY. 

During  the  June  Session  of  the  General  Assem- 
bly, a  report  reached  that  body,  that  a  very  large 
force  was  gathered  at  Acote  Hill,  for  the  purpose  of 
sustaining  the  People's  Constitution.  According  to 
their  established  mode  of  operation,  that  of  relin- 
quishing their  usurped  power  only  upon  compulsion, 
the  Convention  was  immediately  convened  for  the 
purpose  of  framing  a  Constitution,  and  the  work  was 
pushed  through  in  such  a  manner,  as  to  occasion  se- 
veral mistakes.  The  Constitution  was  finally  adopt- 
ed, by  the  Convention  assembled  at  Newport,  in 
September,  1842  —  a  law  having  been  passed,  sanc- 
tioning its  adoption  by  a  minority  ;  and  this  after 
the  Legislature  had  repeatedly  denied  their  right  to 
move  in  the  matter]  that  they  could  do  nothing 
without  the  authority  of  their  constituents.  It  is  a 
curious  fact,  that,  after  all  their  ridicule. and  contempt 
of  the  People's  Constitution,  the  learned  and  sapient 
Landholders  should  have  made  it  the  model  of  theirs  ! 
and,  in  fact,  have  taken  it  almost  entire,  only  modi- 
fying some  of  its  most  important  provisions,  so  as  to 
keep  the  power  still  in  the  right  place.  Here  is  an- 
other presumptive  evidence  that  the  Chartists  be- 
lieved that  the  people  had  a  majority  of  votes  for 
their  Constitution,  or  why  were  they  at  so  much 
pains  to  assimilate  their  own  to  it  ?  They  would  not 
have  been,  had  they  not  considered  that  Constitution 
popular.  They  certainly  had  sufficient  invention  ; 
and  they  embodied  a  large  amouht  of  learning  and 
talent.  Why  did  they  not  produce  an  original  doc- 
ument? The  reason  why  is  very  evident.  The 
People's  Constitution  had  been  adopted  by  a  large 
majority ;  and,  of  course,  whatever  came  nearest  to 


MIGHT    AND     RIGHT.  289 

that,  would  be  most  likely  to  succeed.  Accordingly, 
with  some  very  delicate  incisions,  and  some  masterly 
corrections,  which  were  insinuated  into  the  work  so 
softly,  as  to  alarm  none  but  the  practised  eye,  the 
People's  Constitution  was  again  given  to  the  world. 
I  cannot  enumerate  all  the  objectionable  points, 
but  will  name  a  few  of  the  chief  dangers  embodied 
in  the  present  Constitution. 

1.  The  majority,  57,196,  are  entitled  to  but  6  Se- 
nators, and  39  Representatives,  while  the  minority, 
51,642,  are  entitled  to  25  Senators,  and  39  Repre- 
sentatives. 

2.  Foreigners  and  colored  men,  if  they  be  free- 
holders, are  allowed  a  vote  after  a  residence  in  the 
State  of  one  year,  while  a  free  native  citizen  of  the 
United  States,  if  he  be  not  a  freeholder,  must  have 
resided  in  the  State  two  years,  before  he  can  vote. 

3.  It  excludes  Firemen  and  Revolutionary  Sol- 
diers. 

4.  The  People's  Constitution,  Art.  1,  Sec.  2,  pro- 
vides not  only  for  the  possession,  but  the  transmis- 
sion of  property  ;  a  right  which  is  said  to  be  guarded 
so  well,  in  no  other  American  Constitution.  On  this 
the  freeholders  are  silent,  notwithstanding  they  have 
had  so  much  loud  talking,  and  so  much  fine  writing, 
about  the  Rights  of  Property,  and  their  destined  vio- 
lation by  the  Suffrage  Party. 

5.  Section  4,  of  the  same  Article  of  the  People's 
Constitution,  contains  this  provision  ;  "  That  no  fa- 
vor or  disfavor  ought  to  be  shown  in  legislation, 
towards  any  man,  or  party,  or  society,  or  religious 
denomination.  The  laws  should  be  made  not  for 
the  good  of  the  few,  but  of  the  many  ;  and  the  bur- 
dens of  the  State  ought  to  be  fairly  distributed 
among  the  citizens."  The  Freeholders  are  again 
silent.  The  idea  of  legislating  for  the  good  of 
the  many,  would  have  been  the  height  of  ab- 
surdity,  to  a  Convention,   who,  from   sheer  habit, 

25 


290  MIGHT    AND     RIGHT. 

as  well  as  principle,  could  do  no  otherwise  than  act 
for  the  minority,  leaving  the  rights  of  the  majority 
to  take  care  of  themselves.  In  all  the  proceedings 
of  all  her  councils,  legislatures,  and  courts,  Rhode 
Island  has  always  acted  with  regard  to  the  rights  of 
the  few  —  and  that  not  unfrequently,  to  the  utter 
exclusion  of  the  rights  of  the  many. 

6.  Section  12,  of  the  People's  Constitution,  gives 
the  accused,  in  criminal  prosecutions,  power  to  ob- 
tain witnesses  at  the  public  expense,  that  the  poverty 
of  the  accused  may  be  no  barrier  to  the  free  acces- 
sion of  justice.  This  has  not  been  secured  in  the 
corresponding  section  of  the  Landholders'. 

7.  The  Landholders'  Constitution  does  not  secure 
the  right  of  trial  by  jury,  to  "  Any  person  in  this 
State  who  may  be  claimed,  or  held  to  service  under 
the  laws  of  any  other  State." 

8.  It  does  not  recognise  the  right  of  instructing 
Senators  and  Representatives  by  the  people,  as  does 
the  People's,  Section  17.  This  Section  corresponds 
with  Section  16  of  the  Protest  of  1790.  The  re- 
jection of  this  important  right  by  the  Freeholders, 
seems  to  show  that  the  Representatives  are  not  to  do 
the  will  of  the  People,  but  their  own  will  ;  or,  in 
other  words,  to  act  according  to  the  dictates  of  their 
especial  grace,  certain  knowledge,  and  mere  motion, 
according  to  Charter  usage.  Thus  have  the  Rhode 
Island  Republicans  of  1842,  refused  to  recognise  a 
very  important  principle,  and  cut  off  a  long-cherished 
branch  of  old  English  Liberty.  Is  this  an  evidence 
of  progress  ? 

9.  It  does  not  provide  that  compensation  shall  be 
actually  made,  if  required,  before  a  man's  property 
phall  be  taken  for  public  uses. 

10.  It  does  not  prohibit  the  passing  of  retrospec- 
tive civil,  as  well  as  criminal  laws. 

11.  It  does  not  protect  witnesses  from  being  called 


MIGHT    AND    RIGHT.  291 

in  question  for  their  religious  opinions,  before  the 
Legislature,  or  the  Courts. 

12.  In  Article  2,  Section  2,  of  the  Landholders' 
Constitution,  a  blank  is  left  for  the  future  insertion 
of  the  word  "  White."  Their  first  Constitution 
contained  the  word,  without  any  special  provision  for 
its  speedy  rejection,  as  did  the  People's  ;  nor  is  it  to 
be  presumed  that  they  ever  intended  to  reject  it. 
But  when  they  found  themselves  in  a  fearful  minor- 
ity, and  knew  that  their  injured  fellow  citizens  were 
proceeding  to  demand  their  rights  at  the  point  of  the 
bayonet,  they  then  saw  that  some  concessions  must 
be  made ;  and,  in  many  respects,  their  second  Con- 
stitution is  far  more  liberal  than  their  first ;  but 
whatever  it  is,  is  not  due  to  them,  but  to  their  fears. 
In  this  dilemma  they  took  advantage  of  the  situation 
of  the  colored  population.  Without  one  particle  of 
friendliness  towards  the  colored  race,  but  from  sheer 
necessity,  they  extended  to  them  a  valuable  privi- 
lege, reserving  by  legal  enactment,  the  right  to  with- 
draw it  at  any  time  they  pleased,  merely  to  promote 
their  own  selfish  and  wicked  purposes.  They  made 
the  colored  men  voters,  not  because  it  was  their 
right,  but  because  they  needed  their  help,  and  when 
they  no  longer  need  it,  a  law  is  all  ready,  to  provide 
for  the  disenfranchisement  of  the  tools,  for  which 
they  have  no  further  use.  If  I  could  reach  the  ear 
of  every  colored  man  who  has  voted  under  this  Con- 
stitution, I  would  tell  him  that  he  is  a  dupe  —  that 
he  knows  not  his  enemies ;  that  by  the  very  terms 
of  his  admission  to  the  right  of  Suffrage,  he  is  chat- 
telized :  and  that  he  is  the  victim  of  treachery  of 
the  blackest  dye. 

The  Chartists  have  preached  pro-slavery  in  Wash- 
ington, and  anti-slavery  in  Rhode  Island  ;  and  at  the 
very  time  when  Senator  Simmons  was  inflaming  the 
prejudices  of  the  Southern  Democrats,  by  represent- 
ing the  Free  Suffrage  as  an  Abolition  movement,  his 


292  MIGHT    AND     RIGHT. 

friends  at  home  were  parading  the  streets  with  their 
own  coachmen,  and  sitting  at  table  with  people  of 
any  color  —  and  the  darker  the  better.  So  com- 
pletely have  they  worn  two  faces,  and  spoken  with 
two  tongues,  in  order  to  secure  the  favor  of  both 
parties,  that,  even  here,  in  Rhode  Island,  many  of 
the  hard  old  farmers  in  the  neighboring  towns,  will 
not  believe  that  colored  men  vote  in  Providence. 
There  is  a  degree  of  meanness  in  this  conduct,  which 
I  really  cannot  comprehend ;  and  how  any  body  of 
men,  possessing  the  smallest  idea  of  honor,  to  say 
nothing  of  honesty,  could  submit  to  practice  it,  is 
truly  wonderful ! 

13.  The  Landholders'  Constitution  unnecessarily 
retains  a  freehold  qualification ;  probably  for  the 
same  cause  that  Mr.  Randolph  wished  to  retain  the 
privilege  of  the  oldest  son  —  not  because  he  saw  any 
reason  in  favor  of  it,  but  because  it  had  existed  so 
long. 

14.  It  does  not  provide  for  the  security  of  the  in- 
estimable right  of  voting  by  ballot,  as  does  the  Peo- 
ple's, but  refers  the  matter  to  the  Legislature. 

15.  The  crowning  objection  of  all,  is,  that  it  se- 
cures all  its  former  authority  to  the  General  Assem- 
bly, by  special  enactment,  and  thus  nullifies  many 
otherwise  wholesome  provisions.  The  good  which 
it  holds  out  is  illusive,  as  recent  events  have  fully 
shown.  The  present  Constitution  of  Rhode  Island 
was  announced  by  Gov.  King  to  be  adopted,  Janu- 
ary 3d,  1843. 

July  4th,  1842,  the  festival  in  honor  of  the  late 
Algerine  victory,  was  superadded  to  the  usual  cele- 
bration. The  orator —  one  of  the  most  distinguish- 
ed lawyers  in  the  State  —  exhausted  all  his  elo- 
quence to  prove  that  the  Algerine  army,  in  their  late 
brilliant  victory  over  an  empty  Fort  —  in  their 
drunken  carousals,  their  burglary  and  kidnapping, 
were  a  band  of  heroes,  of  a  high  and  peculiar  order. 


MIGHT  AND  RIGHT.  293 

to  be  found  only  in  Rhode  Island ;  inasmuch  as  they 
were  "  covered  all  over  with  glory11  —  a  condition  in 
which  I  never  heard  any  other  heroes  described  to 
be.  The  orator  spoke  of  the  pleasure  he  felt  in»  ad- 
dressing the  "  Old  Rhode  Island  Line,"  on  an  occa- 
sion like  this,  when  they  had  just  proved  themselves 
the  true  descendants  of  those  who  first  made  that 
line  glorious.  The  anniversary  was  a  double  one  ; 
and  showed  that  the  same  great  principles  which 
had  been  asserted  and  vindicated  in  the  war  of  the 
Revolution,  had  been  again  asserted  and  vindicated, 
on  this  soil,  within  the  last  week.  In  the  war  of  the 
Revolution,  our  men  marched  against  oppression 
from  above  —  from  the  King  and  Parliament.  In 
the  late  insurrection,  their  descendants  arrayed  them- 
selves against  oppression  from  below  —  from  the  out- 
casts and  ruffians  of  society,  both  here  and  abroad. 
In  describing  the  Suffrage  men,  he  said  ;  "  They  are 
cannibals,  and  worse  than  cannibals — and  had 
they  taken  one  of  you,  they  loould  have  roasted  your 
body  alive,  and  devoured  it.11  It  is  certainly  to  be 
regretted  that  a  man  of  so  high  intellect,  should 
have  descended  to  echo  the  malicious  falsehoods, 
and  retail  the  low  slang  of  the  Journal,  even  in  the 
service  of  a  party. 

July  5th,  it  was  announced  that  no  more  arrests 
should  be  made,  under  the  existing  martial  law,  ex- 
cept upon  application  to  the  Governor,  or  his  Coun- 
cil. Soon  after  the  conquest  of  Chepachet,  the  Al- 
gerines  celebrated  the  victory,  and  marched  in  pro- 
cession through  the  streets.  The  procession  was 
led  by  a  cart,  bearing  an  effigy  of  Gov.  Dorr,  a  pair 
of  old  boots,  and  some  epaulettes,  which  were  falsely 
said  to  have  been  his ;  and  various  other  trophies. 
This  carriage  bore  the  banner  which  had  been  taken 
from  one  of  the  Woonsocket  companies,  the  motto 
of  which  was  a  singularly  unfortunate  one  for  the 
Agerines  to  parade  through  the  streets,  as  a  speci- 
25* 


294  MIGHT    AND     RIGHT. 

men  of  their  enemy's  principles.  It  was  this  ;  "  We 
concede  to  others  their  rights ;  we  demand  our 
own."  They  carried  also  in  the  procession  a  load  of 
empty  champagne  bottles,  which  they  said  they  had 
found  in  Dorr's  camp,  but  which  had  been  emptied  in 
their  own  carousals,  while  they  were  making  a  mani- 
festation through  the  country."*  It  should  not  be 
forgotten,  that  when  the  fire  engines  were  left  al- 
most without  a  man  to  direct  them,  the  colored 
men  came  forward,  and  volunteered  to  take  charge 
of  them ;  and  this  act,  the  condition  and  treatment 
of  the  men  being  considered,  was  one  of  the  noblest 
that  were  developed  during  the  whole  controversy. 

On  the  morning  of  the  30th  of  June,  between  the 
hours  of  12  and  3  o'clock,  with  a  small  squad, 
Col.  Wm.  P.  Blodget,  went  to  the  inn  of  Jeremiah 
Crooks,  in  Bellingham,  Mass.,  broke  into  the  house, 
and  demanded  to  see  his  prisoners.  Mr.  Crooks 
asked  him  by  what  authority  he  came  ;  and  he  said 
"by  the  authority  of  the  bayonet."  They  then 
searched  the  house,  and  forcibly  carried  off  and  drag- 
ged to  prison,  several  men  who  were  supposed  to 
have  been  engaged  in  the  affairs  of  Rhode  Island. 
For  this  flagrant  violation  of  the  laws  of  Massachu- 
setts, and  the  rights  of  her  citizens,  Blodget  has  been 
tried  and  found  guilty  of  burglary  and  kidnapping. 
He  has,  however,  petitioned  for  another  trial  before 
the  Supreme  Court  of  the  United  States. 

August  21st,  a  special  Thanksgiving  was  pro- 
claimed ;  upon  which  occasion  were  called  forth  the 
two  famous  sermons  of  Drs.  Way  land  and  Tucker, 
of  Providence.  I  cannot  here  go  into  the  individual 
merits  of  those  sermons,  as  I  could  wish,  and  as  I 
hope  at  some  future  time  to  do.  They  both  contain 
the  grossest  misrepresentations  of  the  Suffrage  Party, 

*  The  commanding  officer  wrote  from  Woonsocket,  "  We 
think  it  best  to  make  a  manifestation  through  the  country,  and 
may  not  be  back  in  some  days." 


MIGHT    AND    RIGHT.  295 

of  their  principles,  and  their  conduct ;  and  are  redo- 
lent with  pure,  unmixed  Tory  doctrines  —  such  doc- 
trines as  tend  to  keep  alive,  -and  increase,  the  exist- 
ing inequalities  of  society,  and,  consequently,  secure 
to  the  priesthood  their  peculiar  privileges ;  not  such 
doctrines  are  those  as  Jesus  preached  —  doctrines  of 
universal  love  and  brotherhood,  wherein  is  the  es- 
sence of  the  purest  and  the  "largest  liberty,"  but 
rather  such  as  might  more  properly  come  before  the 
Court  of  a  Pagan  Despot,  than  before  the  audience 
of  a  free  and  christian  people.  This  point  was,  of 
course,  managed  more  adroitly  by  Dr.  Wayland  ; 
but  not  the  less  false  and  wicked  were  his  misrepre- 
sentations, and  his  sentiments ;  while  Dr.  Tucker, 
with  peculiar  artlessness,  declares,  that  had  the  In- 
surgents succeeded,  "  We  should  have  become 
?  hewers  of  wood,  and  drawers  of  water.'  "*  He 
further  represents  that  the  specific  objects  of  the  Suf- 
frage Party,  were  the  destruction  of  the  Priesthood, 
and  the  Banks,  and  the  leveling  of  Property ;  three 
points  which  were  calculated  to  alarm  the  selfish- 
ness, and  inflame  the  grossest  passions  of  his  hearers  ; 
and  much  pains  was  taken  to  identify  the  Suffrage 
and  Abolition  movements.  These  two  sermons 
were  in  the  same  spirit  with  the  "  Affairs  of  Rhode 
Island,"  by  Dr.  Wayland,  delivered  May  22d  of  the 
same  year;  and  "Loyalty  and  Piety,"  by  the  Rev. 
Francis  Vinton,  Pastor  of  Trinity  Church,  Newport, 
July  21.  I  regret  that  I  am  not  able  here  to  con- 
sider more  at  length  the  productions  of  these  "  Kna- 
vish and  wicked  Doctors,  who  understood  neither 
what  they  said,  nor  whereof  they  affirmed,  and  who 
turned  aside  to  vain  jangling."  The  compass  of  an 
ordinary  book  will  not  permit  me  to  go  at  length, 
either  into  the  merit  of  these  sermons,  or  into  the 
history  of  individual  persons,  and  places,  many  of 

*  Did  the  Reverend  Doctor  ever  question  with  himself  of  his 
peculiar  jitness  for  such  labor? 


296  MIGHT    AND     RIGHT. 

which  contain  some  of  the  most  important  and  inter- 
esting particulars ;  but,  in  justice  to  myself,  and  my 
subject,  I  hope  to  be  permitted  to  give  them  more 
fully  on  some  future  occasion. * 

At  the  time  when  the  Charter  troops  left  Newport 
for  the  defence  of  Providence,  a  conspiracy  was 
formed,  which  has  never  been  exceeded  in  wicked- 
ness, even  by  the  Jacobins  of  France.  It  is  thus 
described  by  a  correspondent  from  that  place. 

"  A  number  of  men,  heretofore  called  respectable, 
formed  themselves  into  a  band,  and  bound  them- 
selves, under  an  obligation,  that  if  any  of  their  friends 
should  be  injured  in  the  campaign  against  the  '  Re- 
bels' at  Providence,  they  would  shoot  down,  or  as- 
sassinate, their  leading  men  in  this  town,  in  the 
streets,  at  their  homes,  in  their  beds,  or  wherever 
they  could  find  them."  This  conspiracy  was  made 
known  to  one  of  the  leaders  of  the  Suffrage  Party, 
to  put  him  on  his  guard  against  these  horrid  machi- 
nations. The  person  who  made  this  communication, 
was  a  strong  friend  to  the  Martial  Law  and  Order 
Party,  and  was  applied  to,  to  join  in  this  wicked 
conspiracy  ;  but  he,  having  some  private  friends  and 
relatives  among  the  leaders  of  the  Suffrage  Party, 

*  There  are  now  in  my  possession  a  large  collection  of  very 
valuable  documents,  which  have  been  furnished  by  Suffrage 
friends,  and  which  I  have  been  wholly  unable  to  dispose  of  in 
this  volume,  as  they  are  amply  sufficient  to  make  a  volume  of 
themselves.  Being  unwilling  to  manifest  any  partiality  towards 
these  friends,  who  have  my  grateful  acknowledgments  for  their 
kind  exertions  in  my  behalf,  and  being  unwilling  to  injure  their 
papers  by  mutilation,  I  have  resolved  to  retain  the  whole,  that,  in 
their  collected  form,  they  may  make  a  volume  of  themselves; 
which  they  will  amply  do,  in  connection  with  the  incidental  re- 
flections, ancLkindred  events,  that  the  Author  may  think  proper  to 
combine  with  them.  I  trust  no  one  will  be  dissatisfied  with  this 
arrangement ;  since  it  was  impossible  to  do  justice  to  tlie  ivhole.  I 
have,  however,  sought  to  embody  all  the  important  facts  in  this, 
and  I  hope  to  give  them  another  interesting  and  valuable  book, 
containing,  in  full,  the  Annals  of  the  Rhode  Island  War;  and 
when  the  Public  calls  for  it,  it  shall  be  ready. 


MIGHT    AND     RIGHT.  297 

refused  to  join.  He  might  have  been  influenced  by 
some  other  selfish  views ;  otherwise,  from  his  char- 
acter, we  do  not  think  he  would  either  have  divulged 
the  secret,  or  refused  to  join  the  conspiracy ;  which 
consisted,  as  far  as  we  could  learn,  of  ten  or  twelve 
men.  Many  of  their  names  are  known,  and  they 
are  also  known  to  have  prepared  themselves  with 
their  weapons  of  destruction.  The  Rev.  Francis 
Vinton  entered  warmly  into  all  the  military  prepara- 
tions of  the  Algerines.  Several  of  the  members  of 
his  own  church  were  among  the  conspiritors ;  and 
yet  they  were,  then,  and  are,  now,  in  full  fellow- 
ship with  the  church.  This  same  Reverend  gen- 
tleman, when  the  Newport  soldiers  found  their 
courage  '  oozing  out  at  their  finger  ends,'  encour- 
aged and  stimulated  them,  advising  the  officers 
not  only  to  take  the  men  with  their  muskets, 
but  to  take  their  field-pieces,  with  plenty  of  ammu- 
nition ;  he  also  assisted  the  soldiers  in  making  their 
ball-cartridges,  cheering  them  on  to  the  combat,  to 
shoot  down  their  fellow  citizens.  People  were  ut- 
terly astonished  to  see  such  a  knowledge  of  military 
tactics  displayed  by  this  clerical  empiric,  and  many 
wondered  where  he  obtained  it ;  but  it  was  soon  ex- 
plained, by  the  information  that  he  had  been  edu- 
cated as  a  Cadet  at  West  Point,  at  the  expense  of 
the  Government,  and  had  been  an  officer  in  the 
army  until  about  the  time  of  the  breaking  out  of  the 
Florida  war,  when  he  was  suddenly  taken  conscien- 
tiously scrupulous,  about  shooting  down  the  poor 
Indians,  so  doffed  his  military  uniform  for  the  cleri- 
cal robes ;  and  yet,  under  this  sacred  garb,  he  could 
urge  men  forward  to  destroy  their  fellow  citizens, 
while  he  himself  remained  behind,  enveloped  in  his 
robes,  in  perfect  safety.  This  reminds  me  of  the  old 
fable  of  the  monkey  using  the  cat's  paw  to  pull  the 
chssnuts  out  of  the  fire." 

The  conduct  of  the  clergy  in  relation  to  the  Suf- 


298  MIGHT    AND     RIGHT. 

frage  movement,  is  deserving  of  the  highest  repre- 
hension. At  first,  when  the  question  was  considered 
popular,  and  carried  all  before  it,  the  clergy,  who  are 
always  awake  to  catch  every  breath  of  popularity, 
openly  and  publicly  sanctioned  it,  by  their  presence, 
and  their  prayers.  I  have  now  before  me  the  Re- 
cord of  proceedings  of  the  Convention,  that  met  to 
form  the  People's  Constitution,  and  I  find  that  no 
less  than  eight  clergymen,  seven  of  whom  belonged 
to  Providence,  offered  prayers  for  their  success,  all  of 
whom  afterwards  turned  against  the  people  j  and 
several  of  whom,  including  Messrs.  Dowling  and 
Hall,  and  Dr.  Tucker,  became  their  most  bitter  and 
uncompromising  enemies.  It  was  frequently  boast- 
ed by  the  Algerines,  that  the  clergy  were  all  on  their 
side ;  and  this  exultation  must  have  been  highly 
flattering  to  those  reverend  gentlemen,  in  connection 
with  the  memory  of  their  former  course.  Notwith- 
standing the  active  part  they  took  in  encouraging 
the  Algerines  to  war,  and  kindling  their  turbulent 
passions,  and  despotic  spirits  into  a  flame,  the  Jour- 
nal describes  them  as  "  Messengers  of  peace,"  and 
lauds  their  conduct,  as  being  "  in  the  highest  degree 
creditable,  and  serviceable  to  the  cause  of  good  gov- 
ernment and  regulated  liberty."  And,  further,  it  is 
asserted  in  the  same  print,  that  the  clergy  took  a 
firm  stand  against  the  disorganisers ;  upon  which 
was  based  the  following  pithy  resolution  :  "  Whereas, 
the  Clergy  of  the  Revolution  took  a  firm  stand  in 
favor  of  popular  rights,  the  leaders  of  the  Suffrage 
Party  feel  that  an  impression  must  go  abroad,  that 
there  is  something  vitally  wrong  in  their  movement, 
since  the  clergy,  in  a  body,  as  the  servants  of  God, 
and  instructors  of  souls,  consider  themselves  called 
upon  to  exhibit  themselves  against  it."  Such  praise 
from  such  a  source,  must  have  been  very  grateful  ; 
and  yet  there  is  more  truth  in  it,  than  at  first  would 
appear.     Such  is  the  thraldom  in  which  people  are 


MIGHT    AND     RIGHT.  299 

held  by  their  spiritual  guides,  that  there  is  not,  per- 
haps, one  in  ten  who  would  be  capable  of  judging, 
or  dare  to  judge,  contrary  to  the  opinion  of  his  min- 
ister ;  and,  of  course,  the  fact  that  the  clergy  were 
generally  opposed  to  the  Suffrage  movement,  would 
be  presumptive  evidence  of  the  wrongfulness  of  that 
movement.  How  much,  then,  have  the  clergy  to 
answer  for,  in  the  part  which  they  have  taken ! 

Where  the  Clergy  led  the  van,  the  Church,  of 
course,  would  not  be  far  behind  ;  and  the  excommu- 
nication of  members  for  a  difference  in  political  senr 
timent,  became  of  frequent  occurrence  ;  and  such 
members  were  always  dealt  with  in  the  most  hasty 
and  arbitrary  manner.  I  will  give  only  two  cases  of 
this  kind,  although  there  are  details  enough  of  eccle- 
siastical discipline,  in  such  cases,  to  fill  a  volume. 

In  Providence,  Col.  Franklin  Cooley,  a  worthy 
member  of  the  Pine  street  Baptist  Church,  of  which 
the  Rev.  John  Dowling  is  pastor,  was  expelled  from 
that  church  in  a  manner  wholly  unprecedented  in 
the  annals  of  Sectarian  Christianity.  Col.  Cooley 
was  in  town  within  four  days  of  the  time  when  the 
vote  of  exclusion  was  passed,  and  a  steady  attend- 
ant on  all  the  ordinances  of  the  church ;  but  at  the 
time  when  it  was  passed,  he  was  in  New  York  ;  and 
the  first  notice  he  received  in  the  matter,  was  the 
intelligence,  by  a  letter  from  a  friend,  that  he  had 
been  tried,  and  condemed,  15  days  before.  The 
charges  preferred  were,  that  Col.  Cooley  had  accept- 
ed of  an  office  under  the  People's  Constitution  ;  (that 
of  Representative)  and  that  he  had  also  acted  as  a 
member  of  a  committee  to  procure  arms.  The  first 
charge  was  true  ;  the  second  was  wholly  false.  But 
even  if  both  the  charges  had  been  true,  the  proceed- 
ing was  wholly  unjustifiable,  and  contrary  to  all 
usage  in  the  Baptist  Church.  So  far  from  being  an 
advocate  of  war,  Col.  Cooley  is,  conscientiously,  op- 
posed to  the  use  of  violent  means,  even  for  the  at- 


300  MIGHT    AND     RIGHT. 

tainment  of  right  ends ;  and  he  has  not  owned,  or 
had  in  his  possession,  any  instrument  of  death  — 
too  many  of  which  could  be  found  in  the  houses  of 
members  of  this  same  excommunicating  church.  It 
was  not  from  a  love  for  the  pure  doctrines  of  the 
gospel,  that  the  church  thus  cast  out  a  brother ;  for 
quite  a  number  of  its  members,  not  excepting  some 
of  its  deacons,  went  forth  with  the  implements  of 
death  in  their  hands,  to  shoot  down  their  brethren. 
But  I  will  write  no  more,  lest  I  spoil  the  excellent 
paper  which  Col.  Cooley  himself  has  prepared  on  the 
subject,  and  which,  I  hope,  at  some  future  time,  to 
present  in  the  whole. 

The  other  instance  I  shall  mention,  is  that  of  the 
excommunication  of  Deacon  Sanford  Bell,  and  Geo. 
C.  Shaw,  who  were  jointly  expelled  from  the  Second 
Baptist  Church  in  Newport,  "  for  their  unchristian 
conduct  in  relation  to  the  late  troubles  in  this  State." 
This  "  unchristian  conduct,"  it  may  be  proper  to 
state,  consisted  chiefly  of  feeding  the  prisoners  in 
Newport  jail.  So  far  were  Shaw  and  Bell  from  be- 
ing willing  to  assist  in  any  forcible  measures,  that 
though  they  knew  they  were  marked  as  victims  by 
the  conspirators  before  mentioned,  they  did  not  even 
take  any  measures  to  defend  themselves  from 
threatened  assassination,  or  their  families  from 
assault,  trusting  in  God,  alone,  for  protection  and  de- 
fence. A  more  high-handed  and  arbitrary  measure 
than  these  two,  never  disgraced  the  christian  church 
in  any  age. 

I  copy  from  the  letter  of  a  correspondent  at  that 
village,  the  following : 

ACCOUNT    OF    THE    AFFAIR    AT    PAWTUCKET. 

"  On  the  evening  of  June  27,  at  half-past  6  o'clock, 
the  Kentish  Guards  (so  called)  arrived  here  from 
Providence,  for  what  purpose  it  is  impossible  to  say, 
since  no  people  in  the  world  could  behave  in  a  more 


MIGHT    AND    RIGHT.  301 

quiet  and  peaceable  manner,  than  the  citizens  of 
Pawtucket  had  done,  up  to  the  time  of  the  arrival  of 
the  Kentish  Guards.  Indeed,  all  of  the  citizens  who 
favored  the  cause  of  the  people,  had  been,  for  some 
days,  gone  up  to  Acote  Hill,  taking  with  them  all 
the  guns,  ammunition,  and  implements  of  war, 
which  could  be  obtained  anywhere  in  the  vicinity. 
In  truth,  it  may  be  said,  that,  at  the  time  of  the  ar- 
rival of  the  Algerines,  not  a  weapon  of  any  descrip- 
tion whatever,  could  be  found,  except  in  the  posses- 
sion of  the  Algerines  of  the  place.  But  no  sooner 
did  the  Charter  soldiers  arrive,  than  the  displeasure 
of  the  citizens  announced  itself  at  once,  on  the  Rhode 
Island  side,  by  the  hissing  of  the  boys,  and  other 
unequivocal  signs  of  anger ;  and  on  a  quarrel  com- 
mencing between  some  unarmed  citizens  and  the 
Pawtucket  Algerines,  the  soldiers  undertook  to  quell 
it  by  the  use  of  the  bayonet.  This  only  increased 
the  disturbance  ;  and  one  of  the  "  Law  and  Orders" 
had  his  bayonet  wrenched  from  his  gun,  and  came 
near  having  it  put  into  his  own  body.  The  Kentish 
Guards  were  now  called  upon  to  the  aid  of  their 
companions,  who  were  threatened  by  the  unarmed 
men,  some  of  them  belonging  on  Massachusetts  side. 
On  this  accession  of  force,  the  unarmed  men  retired 
into  Massachusetts. 

"  After  this  took  place,  the  Kentish  Guards  were 
stationed  with  fixed  bayonets  across  the  streets,  at 
two  places.  For  some  time  they  did  not  interrupt 
people  who  travelled  the  street,  but  at  length  a  dif- 
ferent system  was  adopted,  and  a  citizen  of  Paw- 
tucket, Mass.,  who  wished  to  carry  a  friend  into  Rhode 
Island,  was  fired  upon  by  the  Kentish  Guards.  He 
had  not  been  stopped,  nor  was  any  attempt  made  to 
stop  him,  and  nothing  was  said  to  him,  or  done,  until 
after  he  had  passed  the  guard,  when  he  was  fired 
u{  i.  L>ut  fortunately  he  escaped  unharmed.  Up  to 
thi~  time,  about  half-past  eight,  there  had  been  no 
26 


302  MIGHT    AND     RIGHT. 

bloodshed,  although  people  on  both  sides  of  the  river 
had  become  highly  excited.  About  9  o'clock  in  the 
evening,  the  Kentish  Guards  took  up  their  position 
on  the  line  between  Massachusetts  and  Rhode  Island, 
having  previously  insulted  and  abused  men,  and  even 
women,  who  were  quietly  passing  the  bridge  into 
Massachusetts.  A  crowd  very  naturally  collected  on 
the  Massachusetts  side  of  the  line,  to  look  at  these 
illustrious  warriors;  and,  while  so  engaged,  they 
were  fired  upon,  and  Alexander  McKelby,  who  was 
in  the  act  of  shaking  hands  with  a  friend,  was  shot 
through  the  body,  and  killed.  He  was  a  peaceable, 
quiet,  industrious  man,  and  left  a  wife  and  seven 
children.  David  Cutting  was  wounded  in  the  arm, 
and  Robert  Roy  shot  through  the  knee.  All  of  these 
unfortunate  men  were  on  the  Massachusetts  side  of 
the  line  ;  and  being  there,  were  wantonly  and  un- 
provokedly  fired  upon  by  the  self-called  "  Law  and 
Order  ruffians  of  Rhode  Island  ;  and  to  this  day  their 
blood  is  unavenged.  A  more  rascally  and  unpro- 
voked murder  and  assault  upon  unarmed  citizens, 
was  never  heard  of!  What  right,  or  pretence  of 
right,  had  these  drunken  ruffians  to  fire  into  Massa- 
chusetts ?  And  be  it  not  forgotten,  that  they  crossed 
over  the  line  ;  and,  standing  on  Massachusetts  soil, 
killed  and  wounded  citizens  of  that  state  ;  ay,  and 
.to  the  eternal  shame  of  Massachusetts,  no  atonement 
has  ever  been  made,  or  offered. 

"  The  firing  dispersed  the  crowd,  but  the  excite- 
ment among  the  people  of  Massachusetts  was  in- 
tense ;  and,  could  arms  have  been  procured,  dearly 
would  the  black-hearted  ruffians  have  paid  for  their 
atrocious  deeds." 

August  29th,  the  pageant  of  the  Sword  present- 
ation took  place.  A  committee  of  ladies  presented 
Lieut.  Col.  Nightingale,  of  the  Marine  Artillery,  Col. 
Martin,  of  the  National  Cadets,  and  Col.  Brown,  of 
the  First  Light  Infantry,  each  with  a  splendid  sword, 


MIGHT    AND     RIGHT.  303 

as  a  compliment  to  the  gallant  defenders  of  their 
wealth,  and  their  honor.  An  immense  crowd  was 
gathered  on  the  State  House  Parade,  to  witness  the 
imposing  ceremony  ;  and  just  at  the  moment  of  the 
presentation,  a  large  bird  was  seen,  hovering  majes- 
tically in  the  air  above.  Many  believed  it  to  be  an 
eagle ;  and  the  idea  of  our  national  emblem  —  so 
unwonted  a  guest  in  this  region  —  appearing  at  that 
time,  and  on  that  occasion,  created  no  small  degree 
of  excitement,  and  a  bright  omen  was  drawn  from 
the  circumstance.  But  the  Charter  Braves,  and  their 
fair  allies,  were  so  overpowered  with  self-satisfaction, 
that  their  vision  was  affected  thereby,  and  they  could 
in  nowise  see  clearly,  beyond  the  shadow  of  their 
own  dignity ;  hence  a  very  simple  and  natural  mis- 
take. The  bird  was  not  the  bird  of  Jove,  but  simply 
a  gull  ;  and  the  Algerines  are  welcome  to  the  omen. 

September  10th,  the  anniversary  of  Perry's  vic- 
tory, a  similar  scene  was  got  up,  and  a  banner  was 
presented,  with  the  following  inscription  :  "  Present- 
ed by  the  Ladies  of  Providence,  to  the  Kentish 
Guards,  for  their  patriotic  service  on  the  18th  of 
May,  1842  —  guard  the  gift  as  you  did  the  givers." 
This,  too,  was  in  token  of  their  marvellous  escape 
and  preservation,  from  pollution  and  violence ;  and 
in  the  motto,  u  Guard  the  gift  as  you  did  the  givers," 
a  wicked  and  malicious  falsehood  is  embalmed  for 
history.  It  cannot  be  that  those  ladies  were  quite 
so  weak  and  silly,  as  to  believe  they  really  had  been 
in  such  danger  from  the  Suffrage  men,  if  their  bro- 
thers, husbands,  and  lovers,  did  tell  them  so ;  nor  is 
it  easy  to  believe  that  they  would  sacrifice  all  wo- 
manly delicacy,  by  taking  such  means  merely  to  pro- 
duce an  effect ;  but  it  does  not  redound  much  to 
their  credit,  either  way.  They  have  acted  very 
foolishly,  or  very  falsely,  or  both. 

A  grand  militia  muster  was  held  on  the  same  day 
with   the   Banner   Presentation.     It  went   off,  not 


304  MIGHT    AND     RIGHT. 

without  much  drunkenness,  noise,  and  rioting.  How 
unlike  was  this  to  all  the  Suffrage  celebrations,  which 
were  always  characterised  by  sobriety  and  good  or- 
der ;  and,  for  this  reason,  that  when  even  common 
men  are  sincerely  in  earnest,  in  a  good  cause,  they 
rise  above  their  former  level,  and  become  assimilated 
to  the  high  motive  which  has  been  made  their  spring 
of  action.  A  female  in  passing  home,  in  the  even- 
ing, was  assaulted,  and  slightly  injured.  She  was 
mistaken  for  another  lady,  whose  kindness  to  the 
victims  of  oppression,  had  excited  the  indignation  of 
the  Algerines. 

At  the  Commencement  dinner  of  Brown  Univer- 
sity, the  following  stanza  was  sung,  with  unbounded 
applause. 

"  We  once  knew  Greek  —  now,  trochees  sweet, 

Of  each  old  attic  line, 
Are  changed  for  Dorric  feet,  more  fleet 

Since  Auld  Lang  Syne." 

Even  the  classic  beauty  of  this  production  could 
hardly  justify  the  members  of  a  high  literary  insti- 
tution - —  and  one,  too,  that  professes  to  be  founded 
on  christian  principles  —  in  making  the  occasion  of 
their  social  anniversary  an  opportunity  of  sneering  at 
any  individual,  but  especially  at  one,  whose  honesty 
of  intention  it  was  impossible  to  doubt  —  by  any 
candid  observer  of  his  actions  —  and  whose  misfor- 
tunes, at  least,  should  have  shielded  him  from  the 
assault  of  christians.  If  Mr.  Dorr  were  not  wilfully 
guilty,  then  was  that  sneer  both  wickedly  malicious, 
and  contemptibly  mean ;  but  if  he  were>  ridicule, 
and  public  abuse,  are  not  among  the  proper  means 
which  christian  divines,  and  their  adherents,  should 
have  taken  to  admonish  him ;  and,  in  doing  so,  they 
descended  even  below  the  assumed  level  of  him  they 
traduced. 

September  6th,  a  request  was  renewed  to  the 
Mayor,  for  the  Suffrage  Association  to  be  permitted 


MIGHT    AND     RIGHT.  305 

again  to  hold  meetings  in  the  Town  House.  This 
request  was  promptly  refused,  without  consulting  the 
Board  of  Aldermen,  or  the  City  Council ;  and  the 
Association  afterwards  continued  to  hold  their  meet- 
ings in  the  Washington  Hall. 

August  8th,  Martial  Law  was  suspended  until 
September  1st ;  and  on  the  11th  of  the  same  month, 
Mr.  Hoskins,  a  citizen  of  New  Hampshire,  was  ar- 
rested. This  flagrant  violation  of  individual  and 
State  rights,  was  not  exceeded  by  any  during  the 
whole  controversy.  Mr.  Hoskins  had  been  to  Che- 
pachet,  to  procure  a  carpet  bag  containing  the  pri- 
vate papers  of  Gov.  Dorr,  and  was  just  going  to 
depart,  but  finally  thought  he  would  call  on  Mr.  Si- 
mons, the  Editor  of  the  Herald.  Accordingly,  he 
left  the  carpet  bag  at  the  Depot,  and  proceeded  to 
the  Herald  office.  He  was  apprehended  either  on 
his  way,  or  directly  after  he  got  there,  and  taken  to 
Hazard's  office.  The  Justice  had  begun  to  get  a 
warrant  ready,  but,  fearing  to  be  too  late,  despatched 
the  Deputy  Sheriff  without  one,  and  Mr.  Hoskins 
was  arrested,  examined,  and  committed,  before  the 
warrant  was  made  out  against  him.  Directly  upon 
his  arrival  at  Hazard's  office,  Mr.  Hoskins  sent  for  a 
friend,  Mr.  Bradley,  but  he  was  not  permitted  to 
leave  the  room ;  and  even  the  friends  who  came  to 
his  assistance,  were  made,  for  the  time,  close  prison- 
ers. Mr.  Hoskins  also  sent  for  Gen.  Carpenter,  who 
took  occasion  to  speak  of  the  law,  and  asked  Mr. 
Hazard,  if  the  prisoner  had  not  been  arrested  without 
a  warrant.  He  acknowledged  that  he  had.  Gen. 
C.  then  urged  that  he  should  be  set  at  liberty.  Mr. 
Hazard  replied,  very  pettishly,  "  I  donH  care  a  oVd 
for  the  letter  of  the  law  !  It  is  time  the  law  was  re- 
solved into  its  original  elements !"  A  fine  specimen, 
this,  of  a  Law  and  Order  Magistrate ! 

Mr.  Hazard  then  sent  for  Gov.  King,  and  Ex-Gov. 
Arnold.  They  refused  to  have  anything  to  do  with 
26* 


306  MIGHT    AND    RIGHT. 

it ;  but  thought  he  had  a  right,  as  Justice  of  the 
Peace,  to  arrest  him.  When  the  carpet  bag  and 
trunk,  which  had  been  sent  for,  arrived  from  the  De- 
pot, Mr.  Hazard  asked  Mr.  Hoskins,  if  he  had  any 
objection  to  their  being  opened.  He,  of  course,  ob- 
jected. After  a  good  deal  of  parley,  Hazard  con- 
cluded to  have  Mr.  Hoskins'  own  private  trunk 
opened  by  force  ;  saying,  "  I  will  take  the  responsi- 
bility." Accordingly,  he  put  his  hand  in  the  pocket 
of  Mr.  Hoskins,  who  was  advised  not  to  resist,  and 
wresting  from  him  the  key,  proceeded  to  remove  the 
articles  from  the  trunk.  He  found  some  letters,  and 
called  in  several  persons  to  help  read  them.  He  was 
very  fierce,  arrogant,  and  saucy  in  the  extreme. 
They  continued  the  examination  until  nearly  sun- 
down, but  found  nothing  that  could  be  construed 
into  treason ;  when  Mr.  Hoskins  was  committed 
without  a  warrant  —  although  Martial  Law  was  sus- 
pended —  and  kept  in  prison  several  days.  The  Al- 
gerines  who  came  in  were  very  abusive ;  many  of 
them  saying  he  ought  to  be  hung!  And  this  is  the 
way  we  treat  peaceable  citizens  from  other  States. 
I  cannot  forbear  exclaiming  with  Judge  Pitman, 
though  from  quite  a  different  point  of  view  ;  "  Who 
will  not,  in  future,  be  ashamed  to  hail  from  Rhode 
Island  ?» 

The  question  of  whether  it  was  best  for  the  Suf- 
frage Party  to  register  their  names  under  the  Alge- 
rine  Constitution,  began  to  be  agitated  about  this 
time  ;  and  after  much  consultation  on  the  subject, 
and  application  to  distinguised  individuals  for  advice, 
it  was  judged  best  to  do  so.  In  taking  this  step, 
they  distinctly  declared,  that  they  did  not  repudiate 
either  their  Constitution,  or  their  Principles,  but  they 
had  adopted  this  course,  as  an  indirect  way  to  estab- 
lish their  Constitution,  and  sustain  their  principles. 
They  knew  that  a  majority  of  the  people  of  the 
State  were  in  their  favor,  and  through  the  ballot-box 


MIGHT    AND    RIGHT.  307 

they  hoped  yet  to  be  triumphant.  So  manfully  did 
they  come  up  to  this  work,  that  the  Algerines  began 
to  be  alarmed  for  the  result,  plainly  perceiving  that 
they  must  adopt  another  course  :  and  after  having  in- 
vited and  urged  all  to  register,  they  began  to  pro- 
scribe and  persecute  the  people,  for  responding  to 
their  call.  They  afterwards  digested  a  regular  sys- 
tem of  bribery  and  proscription  ;  and  in  cool,  delib- 
erate wickedness,  this  exceeded  all  they  had  done 
before.  We  can  find  some  excuse,  even  for  the  bru- 
tal outrages  of  the  drunken  soldiery.  Their  cow- 
ardice required  stimulants  —  and  these  more  than 
half  deprived  them  of  their  reason,  so  that  they  are 
hardly  to  be  regarded  as  accountable  beings.  But 
when  a  body  of  grave  legislators  —  the  professedly 
wise  men  of  the  State  —  combine  with  themselves 
the  men  of  wealth  and  high  condition,  and  sit  down 
in  deliberate  council,  inquiring  of  each  other  for  the 
safest  and  most  expeditious  way  to  rob  the  people  — 
not  merely  of  their  money  —  not  merely  of  their 
life  —  but  to  rob  them  of  their  liberty  —  to  despoil 
them  of  their  integrity  —  or,  in  failing  to  do  this,  to 
starve  them,  and  their  innocent  families,  until  they 
yield,  or  die  — ■  a  scene  of  cool  and  deliberate  wick- 
edness is  presented,  which  could  not  be  exceeded  by 
any  beings,  in  any  place.  A  special  committee  was 
appointed  for  each  ward  in  the  city  of  Providence,  to 
go  round,  and  find  out  all  the  cases  in  which  bribery 
and  proscription  could  be  brought  to  bear.  One  of 
the  modes  of  operation  was  to  make  paupers  of  peo- 
ple, by  apparently  friendly  offers  of  aid,  and  thus 
destroy  their  votes.  This  was  reduced  to  a  regular 
business ;  and  many  were  misled,  and  lost  their  citi- 
zenship, without  suspecting  the  trick,  until  too  late. 
Some  sniveling,  driveling  zealot,  was  considered  the 
best  emissary.  He  would  go  to  a  poor  family,  and 
inquire  into  their  means  of  living,  and  necessities, 
with  an  appearance  of  perfect  friendliness.     Relief 


308  MIGHT    AND     RIGHT. 

or  assistance  would,  in  most  cases,  be  almost  forced 
upon  the  unsuspecting  family ;  but  when  the  hus- 
band presented  himself  at  the  polls,  if  not  before, 
the  truth  would  appear ;  and  the  man  would  feel 
himself  sunk  in  the  pauper.  One  of  these  emissa- 
ries of  Satan  went  to  an  old  revolutionary  soldier  in 
the  south  part  of  the  city,  and  with  much  persuasion 
induced  him  to  accept  of  a  load  of  wood.  The 
poor  old  soldier,  on  finding  that  he  had  sold  his 
manhood  for  a  load  of  fuel,  was  so  deeply  grieved, 
that  he  sickened  and  died,  in  consequence.  Whole 
families  were  turned  out  of  doors  in  mid-winter,  and 
the  farmers  took  many  of  them  into  their  houses  and 
barns.  There  were  few  Algerines,  who  held  in  their 
hands  the  power  of  bribery  or  proscription,  failed  to 
make  use  of  it,  to  the  prejudice  of  poor  neighbors, 
and  dependent  laborers.  It  would  be  a  curious  and 
interesting  inquiry,  to  ascertain  how  few  of  the  Al- 
gerines did  not  violate  the  last  clause  of  Section  4, 
Article  2,  of  their  own  Constitution,  which  says 
that  no  person  convicted  of  bribery,  shall  exercise 
the  privilege  of  voting.  If  all  who  had  been  guilty 
of  bribery  in  the  electioneering  of  1842-3,  had  been 
convicted,  the  people  would  have  triumphed,  almost 
unanimously.  And  yet,  after  all  this,  the  Journal 
had  the  audacity  to  say,  "  The  election  went  for  us, 
because  the  majority  of  the  people  were  with  us." 
Their  triumph  was  dearly  purchased  —  and  can  it 
be  triumph,  which  is  obtained  only  at  the  expense 
of  everything  valuable  and  honorable  to  man  ?  It  is 
the  triumph  of  the  robber,  when  he  returns  from  the 
highway  laden  with  gold.  It  is  the  triumph  of  the 
murderer,  his  hands  dripping  with  warm  gore  !  It 
is  a  triumph  that  holds  disgrace  on  high,  only  to 
make  it  more  signal  and  complete. 

The  manufacturers  in  this  game  played  into  each 
other's  hands.  Those  in  the  town  of  A.,  finding  their 
operatives  unwilling  to  sell  themselves,  turned  them 


MIGHT    AND     RIGHT.  309 

away.  Those  in  the  town  of  B.  made  the  same  trial, 
with  the  same  result.  But  the  operatives  could  not  live 
without  employment ;  and  those  who  had  been  em- 
ployed in  the  town  of  A,  went  to  the  town  of  B, 
and  those  who  had*  been  employed  in  the  town  of 
B,  went  to  the  town  of  A.  The  consequence  of  this 
combined  movement  was,  that  the  operatives,  by 
losing  their  residence,  lost .  their  votes,  while  the 
manufacturers  lost  nothing,  being  subjected  only  to 
the  momentary  inconvenience  attending  the  change. 
A  more  deliberate  and  malicious  system  of  iniquity 
was  never  invented  ;  and  how  any  honest  man  could 
act  under  a  government  so  organised,  is  a  difficulty 
I  am  unable  to  solve.  The  public  treasuries  had 
been  exhausted,  banks  had  been  robbed,  and  all 
available  resources  had  been  called  out  to  promote 
these  hellish  schemes  ;  yet  up  to  the  very  day  of  the 
election,  which  took  place  in  April,  the  Suffrage 
Party  were  not  without  hope  of  final  success ;  but 
on  that  day  a  desperate  rally  was  made  by  the  Alge- 
rines,  who  came  out  with  unblushing  boldness,  as 
slave-drivers,  and  buyers  of  men ;  and  several  hun- 
dreds-who  had  been,  up  to  that  very  time,  consider- 
ed as  true  men,  were,  in  that  shameful  hour  to  Rhode 
Island,  lost  both  to  themselves,  and  the  cause  of  lib- 
erty. The  results  were  most  disastrous.  The  hopes 
of  the  Suffrage  Party  were  crushed,  as  it  was  be- 
lieved, never  to  rise  again. 

December  7th,  1842,  Franklin  Cooley  was  tried 
for  Treason ;  Samuel  Y.  Atwell  and  Robert  Ran- 
toul,  were  counsel  for  the  prisoner,  and  Samuel 
Ames  and  A.  C.  Greene,  Attorney  General,  appearing 
for  the  prosecution.  The  offence  was  having  accepted 
of  an  office  under  the  People's  Constitution.  The 
trial  commenced  on  Wednesday,  and  on  Friday  af- 
ternoon the  grand  move  was  made  by  Mr.  Atwell,  to 
bring  in  evidence  that  the  People's  Constitution  was 
legally  adbpted  j  and,   therefore,   that  the  prisoner 


310  MIGHT    AND     RIGHT. 

could  not  be  guilty  of  Treason.  To  prove  this,  Mr. 
Atwell  offered  to  bring  the  testimony  of  the  Moder- 
ators of  different  Town  Meetings,  who  were  all  pre- 
sent, having  been  summoned  at  great  expense  and 
trouble  ;  and,  if  this  would  nok  suffice,  he  proposed 
to  call  the  whole  13,000  who  had  voted  for  the  Con- 
stitution. His  argument  was  a  masterly  one,  and 
the  strongest  authorities  were  cited,  to  prove  that 
sovereignty,  with  all  its  prerogatives,  exists  in  the 
people.  Messrs.  Atwell  and  Rantoul  were  both  lis- 
tened to  with  breathless  attention,  although  frequent 
attempts  to  confuse  them  were  made,  both  by  Judges 
and  lawyers.  I  had  seen  much  in  my  native  state 
that  was  disgusting,  and  heart-sickening,  but  never 
before  had  I  blushed  so  deeply  at  the  prostitution  of 
power  in  the  Halls  of  Justice,  before  the  highest 
judicial  tribunal  of  the  State,  as  on  that  day.  It  was 
evident  that  the  Judges  were  exerting  all  their  influ- 
ence on  one  side,  and  that  against  the  prisoner  ;  and 
that  they  were  striving,  by  every  possible  manoeu- 
vre, to  confuse,  perplex,  and  put  out  of  countenance, 
the  counsel  for  the  Defendant ;  and  that  they  took  a 
malicious  pleasure  in  marring  the  beauty  of  two  of 
the  most  eloquent  and  masterly  arguments  I  ever 
heard  from  human  lips.  The  jury  could  not  agree 
upon  a  verdict.  They  stood  seven  for  conviction, 
and  five  for  acquittal,  and  the  case  remains  undecided. 

A  brother  of  Col.  Cooley,  who  had  come  on 
from  New  York  during  the  war,  but  with  no  inten- 
tion of  taking  any  part  in  the  matter,  having  been 
arrested,  and  confined  for  a  long  time,  in  the  pesti- 
lent air  of  the  prison,  until  he  became  insane,  died 
suddenly  during  the  trial,  and  was  buried  at  the  re- 
cess of  the  court.  He  was  followed  to  the  grave  by 
an  immense  crowd  of  friends  and  citizens,  all  of 
whom  felt  that  he  was  as  truly  a  murdered  man,  as 
if  the  cold  steel  had  put  an  end  to  his  existence. 

Just  before  the  election,  several  of  the  Algerine 


MIGHT    ANC     RIGHT.  311 

Dignitaries  sallied  forth  to  lecture  in  the  country, 
through  the  southern  part  of  the  State,  and,  wher- 
ever they  came,  they  gave  utterance  to  the  most 
wicked  and  abominable  falsehoods.  They  had  hand- 
bills printed,  and  put  them  in  circulation,  where  it 
was  asserted,  in  glaring  characters,  that  Dorr  was 
already  on  Seekonk  plain,  with  an  immense  force  of 
armed  ruffians,  and  many  other  things  equally  false  : 
and  they  were  believed,  because  people  could  not 
comprehend  how  they  should  be  so  lost  to  all  sense 
of  shame,  as  to  utter  those  abominable  lies,  in  that 
audacious  manner,  when  contradiction  was  so  near 
at  hand.  But  they  were,  in  fact,  utterly  insensible 
to  every  obligation  of  truth  and  honor  ;  and  while 
they  claimed  to  be  Law  and  Order  gentlemen,  they 
could  most  truly  be  convicted  as  common  liars. 

How  falsehood  can  be  less  dishonorable  in  diplo- 
matists than  in  other  men,  I  cannot  see  ;  yet  the 
most  efficient  weapons  of  our  political  warfare,  are 
barbed  with  falsehood  —  and  that,  often  of  the  most 
malignant  character.  We  can  never  become  a  truly 
great  Nation,  until  the  time  arrives  when,  by  our  oath 
of  office,  we  shall  not  be  bound  to  sustain  a  party, 
by  all  supposed  necessary  violation  of  truth  and 
right — when  politicians  may  speak  the  truth,  and 
act  the  truth  —  nay,  when,  to  preserve  their  charac- 
ter pure,  they  must  do  so  —  when  an  official  liar 
will  be  just  as  mean  as  a  domestic,  or  social  liar  — 
when  what  is  false  will  be  just  as  bad  in  one  place, 
as  another.  But  there  is  a  great  deal  of  selfishness, 
and  a  great  deal  of  wickedness,  to  be  purged  out  of 
us,  before  that  day  arrives ;  and  the  sooner  we  set 
about  it,  every  man  of  us,  the  better  will  it  be  for 
us,  and  for  our  country  ;  nay,  the  salvation  of  our 
country  depends  on  this ;  for  what  can  a  people  be, 
who  have  lost  all  honorable  regard  for  truth ;  and 
what  can  a  nation  be,  whose  chief  springs  of  action 
are  moved  by  Falsehood  ?    Let  us,  then,  strive  to 


312  MIGHT    AND     RIGHT. 

hasten  the  day,  when  party  rancor  may  be  melted 
down,  and  refined  away,  until  only  the  pure  gold  is 
left  —  when  selfishness  shall  be  subdued  by  true 
patriotism  —  when  the  representatives  of  all  parties 
shall  leave  these  miserable  wranglings  for  place  and 
spoil,  to  the  lower  animals,  and  come  up  together, 
like  men,  to  the  broad  platform  of  Right,  and  there 
labor  together,  with  but  one  object  - —  our  country's 
good  ?  Is  this,  also,  visionary  ?  Then  let  us  begin 
to  make  it  truth  ;  for  it  is  quite  time  ! 


APPENDIX. 


THE    SUFFRAGE    WOMEN. 

Let  the  Suffrage  Women  of  Rhode  Island,  be  remembered 
with  everlasting  honor.  It  is  impossible  here  to  do  them  justice. 
Suffice  it,  that  they  have  cheered,  sustained,  encouraged,  and  as- 
sisted, those  who  were  struggling  for  right,  with  a  zeal  and 
steadfastness  which  would  have  adorned  the  revolutionary  age. 
Both  by  individual  exertion,  and  voluntary  contributions,  as  well 
as  through  the  medium  of  associations,  they  have  administered 
to  the  wants  of  numerous  families,  of  such  of  the  poor  as  had 
been  proscribed,  or  imprisoned,  for  their  principles.  To  do  this, 
they  denied  themselves  everything  but  the  most  absolute  neces- 
saries of  life.  Hundreds  of  laboring  men,  in  losing  their  em- 
ployment, by  proscription,  lost  all  their  means  of  living  ;  and  such 
were  sought  out,  and  by  timely  relief,  encouraged  to  persevere 
in  their  integrity.  These  women  went  about  continually,  like 
embodied  spirits  of  love,  and  their  deeds  of  mercy  shone  like  the 
presence  of  angels  in  the  abodes  of  sickness,  and  want,  and  il- 
lumed the  baleful  prison  cells,  with  a  light  like  that  of  Heaven, 
Embalmed  by  thousands  of  grateful  hearts,  their  names  shall  be 
held  in  perpetual  remembrance;  and  their  living  deeds  shall  con- 
tinue to  blossom  as  in  their  first  freshness,  and  bring  forth  fruits 
of  love  to  bless  the  weary  and  the  heart-worn  forever ;  for  Truth 
and  Love  are  eternal ;  and  a  good  act  never  dies.  How  unlike 
are  such  deeds,  to  the  flower-wreathing  of  bacchanals  — the  ban- 
ner and  sword-presenting  of  the  Algerine  ladies  !  Their  hands, 
it  is  true,  may  be  fairer,  but  their  hearts  are  not  quickened  by 
that  spirit  of  pure,  self-devoted  charity,  which  gives  to  woman 
her  highest  charm ;  and,  compared  with  the  true  women  of 
Rhode  Island,  they  are  as  meteors  in  the  presence  of  the  eternal 
stars;  winning  the  eye  for  a  while,  by  their  gorgeous  beauty,  but 
transitory,  and  soon  passing  away,  to  be  no  more  seen.  But 
blessed  forever  are  the  Suffrage  Women  of  Rhode  Island !  And 
blessed  are  the  deeds  they  have  wrought ! 

THE    MEMORIAL. 

On  the  1st  of  February,  1844,  the  Democratic  Members  of  the 
Rhode  Island  Legislature,  memorialised  the  House  of  Represent- 
atives of  the  Congress  of  the  United  States,  giving,  in  a  clear 
and  manly  style,  the  principal  facts  connected  with  the  late  his- 
tory of  the  Suffrage  People  of  Rhode  Island.  The  whole  motion 
was  kept  a  profound  secret,  until  it  broke  upon  the  House  like  a 
thunder-bolt.     Our  Algerine  members,  however,  recovered  from 

27 


314  APPENDIX. 

the  first  shock,  and  rallied  in  defence  of  their  old  privileges.  But 
their  omnipotence,  by  virtue  of  being  members  of  the  Rhode 
Island  Board  of  Algerines,  was  put  to  the  test,  and  found  — 
wanting ;  and  it  was  quite  ludicrous  to  see  how  astonished  they 
were  about  it.  In  Rhode  Island  they  had  only  to  speak,  and  the 
thing  was  done ;  but  in  Washington  it  was  quite  otherwise.  It 
seemed  that  the  floor  of  Congress,  and  the  platform  of  the  home 
Legislature,  were  quite  different  places ;  and  that  their  almighty 
will  fell  far  short  of  its  accustomed  results.  Among  these  gen- 
tlemen, Henry  Y.  Cranston,  of  Newport,  particularly  distinguish- 
ed himself,  by  a  furious  imbecility  which  sometimes  ran  to  the 
verge  of  madness.  He  very  modestly  told  the  house,  that  the  25 
members  of  the  Rhode  Island  Legislature,  were  all  liars  —  that 
there  was  not  a  word  of  truth  in  the  Memorial.  Had  that  asser- 
tion been  made  at  home,  all  the  leaders  of  his  party  would  have 
responded  to,  and  confirmed  it ;  and  all  their  assinine  followers 
would  have  echoed  it.  The  judges  would  have  given  charges, 
the  lawyers  lectures,  and  the  ministers  would  have  preached  ser- 
mons, to  confirm  its  truth.  Then  it  would  have  been  put  into  the 
Journal,  and  copied  by  all  the  satellites  —  that  those  25  members 
are  all  liars ;  and,  moreover,  that  all  the  Judges,  Lawyers,  and 
Ministers,  saV  so  —  and  nobody  could  have  contradicted  it,  with 
any  prospect  of  being  able  to  sustain  the  truth.  That  is  the  way 
we  do  things  in  Rhode  Island.  Party  interests  are  sustained  in 
open  and  utter  violation  of  truth  and  right.  Some  of  our  promi- 
nent men  are  now  so  bold,  that  they  cast  aside  all  disguise,  and 
seek  not  to  cover  their  wicked  designs  by  the  slightest  veil.  But 
what  would  do  so  well  in  Rhode  Island,  would  not  do  at  all  in 
Washington.  In  spite  of  personal,  as  well  as  wholesale  abuse, 
freely  bestowed  —  in  spite  of  the  expressed  will  of  the  late  om- 
nipotent members  from  Rhode  Island,  a  majority  of  the  House, 
had  a  contrary  will.  An  investigation  took  place.  Mnny  noble 
and  eloquent  speeches  were  called  forth ;  and  a  resolution  passed 
the  House,  to  send  for  persons  and  papers.  A  committee  was 
also  appointed  to  report  on  the  Memorial.  The  Algerines  cried 
out  bitterly  against  the  subject  of  the  Memorial  being  made  a 
National  Question.  They  forgot  that  they,  themselves,  made  it 
so,  when  they  solicited  the  aid  of  John  Tyler.  While  all  this 
was  going  on  in  Washington,  a  srECiAL  session  of  the  Legisla- 
ture was  convened  at  Providence.  This  was,  undoubtedly,  for 
the  purpose  of  expelling  the  25  members,  signers  of  the  Memo- 
rial—  indeed,  some  of  them  confessed  that  such  was  their  object. 
But  finding  a  strong  head  tide,  and  a  strong  current  of  public 
opinion  setting  in  against  them,  they  durst  not  do  that.  The 
Journal  advised  them  to  treat  the  matter  with  silent  contempt ;  but 
blustering  was  more  in  character,  and  bluster  they  did.  They 
protested,  and  censured  the  Democratic  members,  declaring  them 
guilty  of  PERJURY,  for  havi<v<j  presented  a  Memorial  to 


APPENDIX.  315 

Congress.  Let  that  be  remembered.  They  were  a  set  of  cra- 
ven cowards,  and  gave  the  lie  to  their  own  assertions ;  for  if  those 
members  were  perjured  —  if  thev  had  violated  their  oath  of  office, 
why  did  they  not  expel  them  ?  Why  did  they  sit  there  with  per- 
jured men  ?  How  could  they  descend  to  a  false  accusation,  and 
then  creep  off  with  a  base  and  cowardly  CENSURE  ?  But  hap- 
pily that  censure  reflects  no  disgrace.  The  Protest  declared  that 
Congress  had  no  right  to  decide  or  inquire,  whether  the  Charter 
Government  was  republican  in  its  form,  nor  whether  the  People's 
Constitution  was  legally  adopted,  nor  to  agitate  the  questions 
connected  with  the  government  of  the  State,  It  is  surprising 
what  a  degree  of  effrontery  some  small  creatures  have !  To  the 
utter  astonishment  of  the  Algerines,  the  Congress  of  the  United 
States  did  not  obey.  They  went  straight  forward  with  their 
work  ;  but  the  Report  of  the  Memorial  has  not  at  this  time,  reach- 
ed me. 


EXPENSES    OF    THE    ALGERINE    GOVERNMENT. 

Much  has  been  said  concerning  the  alleged  intention  of  the 
Suffrage  Party  to  destroy  property  ;  or,  at  least,  appropriate  that 
of  others  to  themselves.  But  with  how  ill  a  grace  do  such  accu- 
sations come,  from  a  party  who  have  been  guilty  of  the  most 
wanton  waste  of  property,  to  say  nothing  of  downright  theft  and 
robbery.  They  made  extravagant  outlays  for  the  purchase  of 
arms  and  ammunition.  They  gave  authority  to  the  military  to 
enter  houses,  hold  citizens  in  custody,  and  rob  them  of  their  pro- 
perty, "  without  law,  and  against  law."  They  flooded  the  State 
with  Pamphlets,  President's  Letters,  and  lying  Hand-Bills,  at  an 
enormous  expense.  They  squandered  the  School  Fund.  Extra 
sessions  of  the  Legislature  and  Courts  have  been  called. 
$2,509  76,  was  bestowed  on  William  Blodget,  for  his  celebrated 
feat  of  burglary  and  kidnapping,  at  the  house  of  Capt.  Crooks  in 
Bellingham  —  an  act  which  was  entirely  unauthorised  by  the 
commanding  officers,  either  at  Woonsocket,  or  Tockwotton, 
which  was  disclaimed  by  the  Governor  and  Council  at  Provi- 
dence, and  reported  to  Gov.  Davis  by  Gen.  Dearborn,  as  an  act 
wholly  unauthorised  by  the  authorities  of  Rhode  Island. 

At  the  late  session  of  the  General  Assembly,  Col.  Blodget,  and 
his  associate  in  crime,  Deacon  Hendrick,  made  another  demand 
on  the  Treasury,  of  about  $2000,  or  five  dollars  per  diem  since 
the  October  session;  which  was  intended  to  cover  loss  of  time, 
and  all  incidental  expenses.  These  gentlemen  have  become  ac- 
knowledged stipendiaries  of  the  Government ;  and  yet  their  claim 
was  disputed  by  their  own  party,  and  reduced  to  two  dollars  per 
diem.  Thus  have  the  public  resources  been,  and  continue  to  be, 
exhausted,  in  paying  premiums  to  court  favorites,  for  acts  oflaw- 
less  violence;  and  the  laboring  people,  who  have  been  the  great- 


316 


APPENDIX. 


est  sufferers  by  this  violence,  must  bear  the  chief  of  the  burden 
it  has  occasioned.  The  Algerine  Party  are  beginning  to  learn 
wisdom ;  for  the  consociated  interests  of  society,  will  not  long- 
permit  one  portion  of  its  body  to  be  sustained  at  the  expense  of 
the  other,  without  material  injury  to  the  whole. 

The  sum  of  $1,800  was  appropriated  to  sustain  the  Light  In- 
fantry, and  uncounted  thousands  went  to  pay  other  military  com- 
panies and  officers.  The  City  Treasury  showed  itself  a  defaulter 
in  the  sum  of  six  or  seven  thousand  dollars,  which  has  never  been 
accounted  for.  The  Providence  County  Bank  was  reported  to 
have  been  robbed  of  some  eight  or  ten  thousand  dollars ;  and, 
lastly,  the  Agricultural  Bank,  which  was  under  the  supervision 
of  Gov.  King,  was  found  minus  about  $12,000.  The  fraud,  or 
dishonesty,  pretty  generally  attaches  to  Gov.  King;  but  it  is 
more  than  probable  —  it  is  almost  certain  —  that  others  besides 
his  "  Excellency,"  were  involved  in  the  guilt ;  and,  as  very  little 
is  said  about  it,  and  no  efficient  steps  are  taken  to  elucidate  the 
subject,  it  seems  most  likely  that  the  lost  money  was  appropriated 
to  the  payment  of  bribes,  as  other  large  sums  were  knoAvn  to  be. 
But,  however  this  may  be,  after  the  affair  exploded,  the  Journal 
for  the  first  time  ceased  the  cry  of  "  Banks  and  Beauty  ;"  for  a 
sore  cord  in  their  own  bosoms  began  to  respond  to  that  false  ut- 
terance, which  brought  the  truth  home  to  them  somewhat  too 
painfully. 

TRIAL    OF    GOV.    DORR. 

After  his  banishment  from  his  native  state,  Mr.  Dorr  had  found 
refuge  with  Henry  Hubbard,  Governor  of  New  Hampshire, 
whose  name  will  always  be  fondly  cherished,  by  every  true 
Rhode  Islander.  On  the  election  of  Marcus  Morton  to  the  Chief 
Magistracy  of  Massachusetts,  in  1643,  Gov.  Dorr  came  into  that 
State,  Avhere  he  was  cordially  welcomed  by  thousands.  The  vil- 
lage of  Pawtucket,  being  situated  on  each  side  of  the  line  divid- 
ing the  two  states,  and  only  four  miles  from  Providence,  was  a 
convenient  place  wherein  to  meet  his  friends ;  and  he  repaired 
thither,  to  be  blessed  again  by  the  sight  of  old  familiar  faces,  and 
meet,  and  return,  the  pressure  of  hard,  but  honest  hands.  Most 
of  his  old  adherents  again  flocked  around  him ;  some  of  whom 
had,  indeed,  turned  aside  for  a  moment;  but  their  hearts  were 
still  true,  and  their  motives  unchanged. 

On  the  10th  of  August,  Mr.  Dorr  put  forth  an  Address  "  To 
the  People  of  Rhode  Island,"  which  contains  a  synopsis  of  the 
whole  history  of  the  Suffrage  Movement.  It  is  also  a  complete 
vindication  of  his  own  course,  and  motives.  Whoever,  upon 
reading,  cannot  be  convinced  of  this,  can  be  convinced  of  no- 
thing. In  this  Address,  he  announced  his  intention  to  return  to 
Rhode  Island  at  an  early  day.     His  object  in  doing  this,  was  to 


APPENDIX.  317 

secure  the  trial  of  the  great  constitutional  question,  which  would 
be  involved  in  his  own.  He  had  borne  calumny  and  persecution 
of  the  deadliest  character  —  of  the  blackest  die  ;  yet  for  the  sake 
of  Rhode  Island  —  ungrateful  Rhode  Island  —  that  had  mali- 
ciously traduced  him,  and  cast  him  forth  as  an  alien,  he  now  sur- 
rendered his  liberty,  and  became  the  inhabitant  of  a  noisome 
prison.  And  forever  hallowed  are  the  prison-bounds,  that  enclosed 
the  self-sacrificing  patriot  —  perhaps  martyr,  to  the  cause  of  Lib- 
erty !  When  those  gray  old  walls  are  dim  with  years,  and,  in  the 
lapse  of  uncounted  ages,  are  crumbling  into  fragments,  those 
fragments  shall  be  gathered  as  relics  —  embodying  an  eternity 
of  grateful  memory,  to  the  patriot  who  sanctified  them,  by  mak- 
ing them  witnesses  of  his  devotion  to  the  cause  of  Truth  and 
Right. 

On  Thursday,  October  31st,  Gov.  Dorr  arrived  in  Providence, 
and  entered  his  name  on  the  Books  of  the  City  Hotel;  after 
which  he  went  to  the  house  of  Col.  Simons,  where  he  had  an  en- 
gagement to  dine,  leaving  his  address,  with  orders  that  all  who 
wished  to  see  him,  might  find  him  there.  He  was  very,  soon 
waited  upon  by  an  officer,  arrested,  and  conducted  to  prison.  The 
most  intense  excitement  prevailed  throughout  the  city  and  State, 
and  a  deep  feeling  of  indignation  was  aroused,  that  extended 
over  New  England. 

Contrary  to  the  old  English  law,  which  says  that  the  accused 
shall  be  tried  in  the  county  where  the  offence  is  said  to  be  com- 
mitted, Mr.  Dorr  was  taken  to  Newport,  on  Thursday,  Feb.  29th, 
ostensibly  for  the  purpose  of  receiving  a  fair  trial ;  but  really, 
that  the  bitter  hostility  of  the  people  in  those  parts  might  ensure 
his  condemnation.  He  was  arraigned  the  same  day,  and  pleaded 
that  the  Court  at  Newport  had  no  jurisdiction  over  his  case.  To 
this  plea  the  Attorney  General  demurred,  saying  he  was  not  pre- 
pared for  such  a  question;  and  the  Court  allowed  him  until 
Thursday,  March  7th,  for  preparation  —  that  being  almost  the  end 
of  the  term. 

On  Tuesday,  March  5th,  at  the  first  sitting  of  the  Court  in  the 
new  term,  Mr.  Dorr  was  again  brought  into  Court.  He  said  that 
as  the  distant  day  assigned  by  the  Court  for  the  hearing  of  the 
plea,  v-ould  not  permit  both  that  and  the  main  issue  by  a  jury,  to 
be  tried  at  the  present  term ;  and  being  desirous  not  only  of 
avoiding  delay,  but  even  the  appearance  of  delay,  he  should  with- 
draw what  he  believed  to  be  a  substantial  defence,  the  plea  to  the 
jurisdiction  of  the  Court;  pleided  not  guilty,  and  claimed  an  im- 
mediate trial,  as  his  right.  The  Court,  after  consulting  together, 
announced  that  the  26th  day  of  the  ensuing  April,  was  the  earli- 
est day  which  could  be  assigned  for  a  trial;  and,  accordingly, 
assigned  it. 

It  was  then  moved  by  the  Defendant's  Counsel,  that  the  Court 
should,  in  their  discretion,  transfer  the  indictment  for  trial,  ta 

27* 


318  APPENDIX. 

Providence  county,  where  the  Defendant  and  his  witnesses  re- 
sided, in  order  to  secure  him  "  a  speedy  trial  by  an  impartial 
jury ;"  neither  of  which  could  be  obtained  in  Newport.  The 
motion  was  supported  by  Messrs.  Turner  and  Atwell,  and  op- 
posed by  Bosworth  and  the  Attorney  General,  and  overruled  by 
the  Court,  who  ordered  60  additional  jurors  to  be  summoned  by 
the  Sheriff,  for  the  26th  of  April ;  and  the  Defendant  was  re- 
manded to  Newport  jail. 

It  is  impossible,  in  this  place,  to  give  a  full  report  of  the  trial, 
which  would  make  a  volume  of  itself.  I  can  only,  therefore,  give 
its  most  important  features. 

STATE    OF    RHODE    ISLAND    AND    PROVIDENCE    PLANTATIONS, 

VS. 

THOMAS    W.    DORR, 

FOR    TREASON. 

At  Newport,  R.  I.,  April  26,  1844. 

For  the  State,  Joseph  M.  Blake,  Esq.,  Attorney  General,  as- 
sisted by  Alfred  Bosworth,  Esq.,  ot  Warren. 

The  Defendant  conducted  his  own  case,  in  the  absence  of  his 
principal  Counsel,  Hon.  Samuel  Y.  Atwell,  from  severe  illness, 
assisted  by  George  Turner,  Esq.,  of  Newport,  and  Walter  S. 
Burges,  Esq.,  of  Providence. 

Newport,  Friday  morning,  April  26th,  the  whole  Court,  con- 
sisting of  Job  Durfee,  Chief  Justice,  and  Levi  Haile,  William  R. 
Staples,  and  George  A.  Brayton,  associates,  being  present,  the 
Defendant,  Thomas  W.  Dorr,  was  brought  in,  and  persisted  in  his 
former  plea,  of  Not  Guilty. 

The  first  striking  feature  in  the  case,  was  the  proposal  to  put 
to  the  jurors  two  unusual  questions.  1.  "  Did  you  vote  for  the  said 
Thomas  JVilson  Dorr,  for  Governor,  at  the  election  on  the  18th 
of  April,  1842." 

2.  "  Have  you  formed  the  opinion,  or  do  you  believe  that  said  Tho- 
mas W.  Dorr  was  the  Governor  of  the  State,  or  authorised  to  exer- 
cisq  the  duties  of  Governor,  any  time  between  the  16th  dav  of  Mav, 
.1842,  and  the  28th  of  June,  1842?" 

Of  course  this  highly  unjust  measure,  which  was  calculated  to 
produce  a  jury  of  one  political  party,  was  strongly  opposed  by 
the  Defendant  and  his  Counsel.  The  Court  were  equally  divided 
on  the  question ;  Chief  Justice  Durfee,  and,  it  is  believed,  Judge 
Haile,  were  in  favor  of  putting  the  questions,  and  Judges  Staples, 
and  Brayton,  in  the  negative  ;  so  it  was  decided  that  they  should 
not  be  put,  although  the  Chief  Justice  said  he  was  clearly  of 
opinion  that  they  ought  to  be  asked. 

The  Court  then  proceeded  to  the  empannelment  of  the  jury, 
which  was  a  difficult  and  laborious  process,  that  continued  until 
10  o'clock  of  Tuesday  morning,  30th.     124  Jurors  had  been  sum- 


APPENDIX.  319 

moned,  of  whom  4  were  absent,  and  1  excused ;  and  from  the 
number  left,  119,  the  jurors  were  to  be  drawn :  76  had  been  first 
summoned  ;  and  afterwards  4  venires  of  12  each.  The  Defendant 
being  entitled  to  20  peremptory  challenges,  after  having  exhaust- 
ed them,  was  obliged  to  submit  to  his  fate,  that  of  being  tried  by 
a  packed  jury,  upon  which  not  a  stngle  democrat  was  ad- 
mitted. Three  only  had  been  summoned ;  and  of  these,  two 
were  set  aside,  on  the  ground  of  their  having  formed  and  ex- 
pressed opinions ;  and  to  impeach  the  qualification  of  the  third, 
witnesses  were  sought  about  the  town ;  and  one  was  obtained, 
whose  evidence  should  have  been  far  from  satisfactory  ;  but  it 
was  taken,  and  the  last  Democrat  was  stricken  from  the  list.  Upon 
the  3d  venire,  Mr.  Dorr  challenged  the  entire  array,  upon  the 
ground  of  the  improper  interference  of  William  H.  Cranston,  who 
acted  with,  and  at  the  instigation  of  the  Attorney  General, 
who  had  accompanied  the  deputy  Sheriff  out  of  town  in  making 
the  summonses,  and  in  whose  hand-writing  the  return  of  jurors 
was  made.  Testimony  was  brought  to  prove  that  the  said  Wil- 
liam H.  Cranston  had  declared  he  was  looking  for  witnesses  to  gel 
Tollman  (the  democrat)  off  of  the  jury ;  and  he  was  known  to  be 
bitterly  hostile  to  the  Defendant.  Notwithstanding  the  po- 
sitive unfairness  of  this,  the  Court  decided  that  the  challenge 
could  not  be  sustained,  and  the  Defendant  excepted  to  the  ruling 
of  the  Court. 

In  opening  the  case  for  the  State,  Mr.  Bosworth,  after  having 
discussed  the  preliminaries,  told  the  jury  that  the  Court  would  in- 
struct them  in  the  law,  and  they  must  apply  it  to  the  facts.  He 
read  the  definitions  of  treason,  and  the  statutes  against  it,  and 
then  went  on  to  give  a  history  of  the  proceedings  of  the  Defend- 
ant, describing  his  character  and  motives  in  a  strain  of  denun- 
ciation, and  bitter  invective,  more  like  the  exaggerated  declama- 
tion of  a  political  caucus,  than  the  calm  and  solemn  dignity  which 
ought  to  prevail,  when  the  fate  of  a  human  being  becomes  the 
subject  of  deliberation  in  a  court  of  justice.  Never,  indeed,  was 
there  exhibited  a  more  signal  mockery  of  justice,  than  in  this  trial ; 
and  so  long  as  a  single  drop  of  true  Rhode  Tsland  blood,  warms 
the  veins  of  any  of  her  children,  they  will  blush  and  hide  their 
heads  in  the  deepest  shame,  when  the  story  is  told,  how  the 
Friend  of  Equal  Rights  —  the  Friend  of  Virtue  —  of  Liberty  —  of 
Humanity  —  was  convicted  of  crime,  at  such  expense  of  truth;  and 
with  such  utter  desecration  of  every  principle  of  justice. 

The  testimony  was  very  voluminous,  and  it  was  quite  remark- 
able in  the  whole  process,  to  see  how  every  point  having  the 
slightest  bearing  in  favor  of  the  Defendant,  was  ruled  out  of 
Court;  while  every  circumstance  tending  to  implicate  him,  was 
taken  advantage  of,  though  perfectly  irrelevant  to  the  point  at 
issue.  The  testimony  was  sufficient  to  prove  the  overt  act  of 
Treason,  (so  called.) 


320  APPENDIX. 

There  were  several  conflicting  points  between  the  testimony 
for  the  prosecution,  and  that  for  the  defence,  which,  as  they  in- 
volve particulars  of  some  importance,  I  will  briefly  state.  Col. 
Win.  P.  Blodget,  and  E.  H.  Hazard,  testified  upon  oath,  to  the 
effect,  that  Mr.  Dorr,  when  he  made  his  speech  on  Federal  Hill, 
drew  his  sword,  and  said  that  it  had  once  been  dyed  in  blood,  and 
rather  than  yield  the  rights  of  the  People  of  the  State,  it  should 
again  be  buried  with  blood  to  the  hilt.  This  statement  was  con-  ' 
tradicted  upon  oath  by  Col.  Benj.  M.  Darling,  who  was  in  the 
carriage  with  Mr.  Dorr,  at  the  time,  and  by  Col,  Samuel  H. 
Wales,  and  Nathan  Porter,  who  stood  very  near.  Col.  Blodget 
also  stated  upon  oath,  that  when  he  went  up  on  Federal  Hill,  on 
the  18th  of  May,  Burrington  Anthony  came  out,  and  said  the  men 
were  all  drunk,  and  under  the  control  of  nobody ;  which  statement 
was  contradicted  by  Mr.  Anthony  upon  oath.  Again:  It  was  de- 
posed by  Col.  Blodget,  that  the  cannon  of  the  Providence  Artil- 
lery were  stolen ;  whereas,  it  appeared  from  the  testimony  of  Jo- 
siah  Read,  who  commanded  the  detachment  that  went  to  take  the 
guns,  that  he  took  them  with  the  permission  of  Col.  Bennett,  upon 
passing  his  word  of  honor  that  they  should  be  returned,  when 
they  had  done  with  them ;  and,  moreover,  that  the  guns  did  not 
belong  to  the  State,  but  were  the  property  of  the  Artillery  Com- 
pany, having  been  presented  to  that  company  by  Gen.  Washing- 
ton, to  replace  three  iron  guns  that  had  been  borrowed  of  the 
company,  and  lost  in  the  Sound ;  and,  further,  that  those  same 
cannon  were  taken  at  the  surrender  of  Burgoyne.  Col.  Blodget 
also  deposed,  that  he  never  had  said,  since  corning  to  Newport, 
that  he  came  for  the  purpose  of  convicting  Mr.  Dorr;  but  James 
Thurbur,  jr.,  swore  that  he  had  spoken  to  him  to  that  effect,  spe- 
cifying time  and  place.  This  contradiction  of  oath,  by  oath,  cer- 
tainly involves  the  crime  of  perjury. 

The  testimony  for  the  State  being  summed  up,  Mr.  Turner 
opened  for  the  Defence.  He  said  a  denial  of  facts  was  not  the 
course  to  be  pursued.  He  would  not  admit  that  the  crime  of 
Treason  could  be  committed  against  a  single  State,  and  he 
claimed  that  Mr.  Dorr  was  the  legal  Governor  of  Rhode  Island, 
acting  under  a  valid  Constitution.  His  points  of  defence  were 
five,  namely : 

1.  That  in  this  country  Treason  is  an  offence  against  the 
United  States  only,  and  cannot  be  committed  against  an  indivi- 
dual State. 

2.  That  the  4th  section  of  the  Act  of  Rhode  Island,  of  March, 
1842,  entitled  "An  Act  relating  to  offences  against  the  sovereign 
power  of  the  State,"  is  unconstitutional  and  void,  as  destructive  of 
the  common-law  right  of  trial  by  jury;  which  was  a  fundamental 
part  of  the  English  constitution  at  the  Declaration  of  Independ- 
ence, and  has  ever  since  been  a  fundamental  law  in  Rhode 
Island. 


APPENDIX. 


321 


3.  That  that  act,  if  constitutional,  gives  this  Court  no  jurisdic- 
tion to  try  this  indictment,  in  the  county  of  Newport;  all  the 
overt  acts,  being  therein  charged  as  committed  in  the  county  of 
Providence. 

4.  That  the  Defendant  acted  justifiably,  as  Governor  of  the 
State,  under  a  valid  Constitution,  rightfully  adopted,  which  he 
was  sworn  to  support. 

5.  That  the  evidence  does  not  support  the  charge  of  treasona- 
ble and  criminal  intent  in  the  Defendant. 

When  Mr.  Dorr  came  to  examine  his  witnesses,  he  called  out 
every  fact.  He  concealed  nothing'.  He  had  nothing  to  conceal. 
The  openness,  the  dignity,  the  complete  manliness  of  his  conduct 
in  managing  the  case,  struck  every  unprejudiced  mind  with  rev- 
erence ;  and  even  the  Court  expressed  themselves  perfectly  as- 
tonished at  his  course.  They  could  not  comprehend  it;  but  they 
insensibly  gathered  respect  for  the  Defendant,  who  had  shown 
himself  so  entirely  above  the  petty  subterfuge  which  is  often 
practised. 

An  attempt  was  made  to  bring  in  evidence  that  the  People's 
Constitution  was  legally  adopted.  This  was  objected  to,  which 
Mr.  Dorr  considered  unfair  ;  although  the  proceedings  under  the 
People's  Constitution  were  allowed  to  be  null  and  void,  still, 
when  told  he  was  a  usurper,  when  wicked,  malicious,  and  aggra- 
vated charges  were  brought  against  him,  he  ought  to  be  permitted 
to  show  his  intentions,  by  the  votes  on  the  Constitution  ;  to  show 
that  he  did  not  act  from  his  own  mere  motion,  but  from  authority, 
which  he  supposed  to  be  valid.  He  did  attempt  to  perform  the 
duties  of  Governor.  There  were  votes  given,  and  counted ;  he 
was  treated  as  the  Governor  of  the  State.  The  Court  said  that 
he  should  disprove  the  fact,  instead  of  sustaining  it;  denied  all 
the  authority  of  the  people ;  the  prisoner  had  not  mistaken  the 
law  in  regard  to  his  natural  rights ;  a  prisoner  might  as  well  set 
up,  to  an  indictment  for  robbery,  the  defence  that  he  had  a  natu- 
ral right  to  the  possession  of  the  property  which  he  took  from  the 
person  he  robbed.  So  the  evidence  of  good  intentions  was  not 
admitted  in  the  defence:  though  that  of  evil  intention  was 
freely  taken  by  the  prosecution. 

Alter  a  long  and  animated  debate  on  some  of  the  principal 
points  involved  in  the  case,  Mr.  Dorr  addressed  the  jury.  He 
did  not  expect  to  address  them  at  this  stage  of  the  proceedings  ; 
and,  therefore,  had  made  no  preparations.  He  regretted  very 
much  the  absence  of  Mr.  Atwell,  whose  valuable  services  were 
much  needed. 

It  is  impossible  to  give  even  an  epitome  of  his  address. 
The  spirit  of  his  eloquence  was  truth.  While  he  rebutted  the 
charge  of  Treason,  he  denied  nothing,  which  was  done  in  Provi- 
dence, or  on  Federal  Hill,  or  at  Chepachet;  claiming  as  his  de- 
fer ce,  that  he  acted  under  authority  ;  that  he  had  a  right  to  do 


322  APPENDIX. 

all  that  he  did ;  the  only  wrong  was  in  not  doing  more.  He 
alluded  to  the  black  array  of  charges  against  himself  and 
his  companions  —  the  cry  of  "Banks  and  Beauty,"  the  "foreign 
Desperadoes ;"  the  "  Sacking  of  the  city  of  Providence ;"  the 
"sword  dyed  in  blood;"  the  "swinging  of  the  torch;"  the 
"  State  scrip,"  which  he  had  issued,  and  the  "  trespass  on  private 
rights  ;"  charges  which  had  all  been  seriously  believed.  But  the 
charges  of  theft  actually  committed  by  the  Suffrage  Party,  had 
all  heen  reduced  to  three.  Some  boards  were  taken,  and  used, 
on  the  hill  at  Chepachet,  and  afterwards  burnt.  A  horse  was 
borrowed,  and  afterwards  returned.  A  cow  was  killed,  and  after- 
wards paid  for.  He  narrated  the  political  affairs  of  Rhode  Island, 
from  the  early  days  of  the  Colony,  up  to  the  recent  events  con- 
necced  with  the  attempt  of  the  People  to  establish  a  Republican 
Government.  He  placed  the  difficulties  against  which  he  con- 
tended, in  a  strong  light,  and  justified  his  motives.  He  plainly 
exhibited  the  causes  of  failure.     In  conclusion  he  said  : 

"I  am  now  before  you  to  answer  for  my  conduct.  I  am  right. 
I  am  more  to  blame  for  what  I  did  not  do,  than  for  what  I  did.  I 
stand  before  you  with  the  consciousness  of  having  done  my  duty, 
according  to  the  best  of  my  abilities.  I  commit  my  case  to  your 
hands,  with  the  hope  that  your  verdict  will  be  just,  and  with  the 
firmest  confidence  in  the  final  verdict  of  my  country." 

The  Attorney  General  proceeded  to  close  the  case  in  an  ex- 
ceedingly able  and  eloquent  manner,  which  overpaid  the  atten- 
tion of  the  court  for  nearly  three  hours. 

The  case  was  given  to  the  jury  about  eleven  o'clock,  after  a 
decided  charge  against  the  Defendant  by  Chief  Justice  Durfee. 
He  claimed  that  treason  could  be  committed  against  a  State,  and 
that  the  jury  must  apply  the  law  as  they  receive  it  from  the  Court, 
to  the  facts  as  they  find  them. 

The  jury  came  in  on  Tuesday  morning  at  five  minutes  before 
two  o'clock,  having  been  out  nearly  three  hours,  with  a  verdict  of 
GUILTY  —  and  after  receiving  the  thanks  of  the  Court  for  the 
impartial  and  faithful  discharge  of  their  duties,  were  discharged, 
and  the  Court  adjourned  to  meet  at  the  Sheriff's  office  at  8  o'clock. 

Tuesday  Morning,  8  o'clock. 

Mr.  Turner  presented  a  motion  to  stay  the  sentence,  in  order  that 
Defendant  might  have  time  to  file  a  plea  for  a  new  trial  on  the 
following  grounds. 

1st.  Improper  and  illegal  practice  in  the  empannelment  of  the 
jury. 

2d.  Hostility  of  one  or  more  of  the  jury  against  defendant. 

3d.  That  improper  evidence  was  admitted,  and  proper  evidence 
rejected. 

4th.  Non  qualification  of  one  of  the  jurors. 

5th.  That  the  Court  misdirected  the  jury  as  to  the  law. 


APPENDIX.  323 

The  Court  decided  that  the  case  remain  open  until  the  second 
Monday  in  June  next,  for  a  hearing  on  this  motion. 

The  character  of  Mr.  Dorr,  however  much  he  may  have  been 
traduced,  needs  no  eulogy.  Its  high  and  pure  traits  are  self-evi- 
dent to  all  who  are  capable  of  appreciating  true  nobleness,  or  of 
understanding  true  goodness ;  and  they  wha  are  not,  will  not  re- 
ceive the  power  from  any  number  of  words.  Therefore,  I  shall 
be  brief. 

If  I  were  to  name  his  predominating  characteristics,  I  should 
say,  Dignity,  Firmness,  Conscientiousness,  Benevolence,  and  a 

WANT    OF    SeCRETIVENESS. 

The  latter  trait,  his  open  straight-forward  integrity,  is  strongly 
marked.  He  is  wholly  wanting  in  that  shrewd  finesse,  which  is 
essential  in  a  military  leader,  and  is  supposed  to  be  essential  in  a 
Statesman.  All  his  movements  have  been  open  and  above-board. 
He  told  everybody,  with  perfect  frankness,  just  what  he  intended 
to  do. 

Of  his  dignity  I  need  make  no  assertion.  Where  is  another 
man,  who  could  have  passed  through  all  that  he  has  done,  without 
once  cowering  —  without  once  sinking  below  himself — without 
once  losing  that  loftiness  of  carriage,  which  is  but  the  outward 
type  of  a  lofty  soul  —  growing  even  loftier  amid  the  blasts  of  per- 
secution, as  the  oak  grows  taller  and  stronger,  when  shaken  by 
the  arm  of  the  tempest ! 

His  firmness  has  been  exemplified  in  all  his  acts,  and  is  admit- 
ted by  every  one.  It  was  expressed  in  the  declaration  so  well 
maintained,  and  with  such   deep  sacrifices  ;    "  I   cannot,  and 

WILL  NOT    COMPROMISE    THE    LIBERTIES    OF    THE    PEOPLE  !" 

Conscientiousness  ia  manifest  in  that  high  regard  for  truth  by 
which  he  is  so  strongly  characterised ;  and  which  even  his  bit- 
terest enemies  concede  to  him.  And,  conjointly  with  this,  his 
Benevolence  is  seen  in  his  labors  for  the  cause  of  Humanity. 
When  he  first  entered  the  General  Assembly  of  Rhode  Island, 
there  was  no  young  man  who  might  have  claimed  to  look  higher 
than  Thomas  Wilson  Dorr.  Possessing  the  combined  advanta- 
ges of  education,  wealth,  high  parentage,  and  intellect  of  the 
first  order,  the  range  of  his  ambition  appeared  unbounded.  He 
could  have  been  all  that  he  would.  And  what  did  he  do  ?  Seek- 
ing not  the  pleasant  gale  of  court  favor,  which  would  have  borne 
him  pleasantly  on  in  the  auspicious  career  ot  youthful  ambition,  he 
turned  abruptly  from  the  winning  breeze,  to  breast  alone  the 
strong  current  of  opposition  —  to  labor  manfully  against  wind 
and  tide.  He  put  forth  his  young  strength  in  behalf  of  the  poor. 
He  pleaded  for  those  who  could  not  plead  for  themselves.  He  tri- 
umphed in  the  cause  of  Humanity ;  putting  down  the  defenders 
of  tyranny  and  despotism,  with  an  unexpected  strength  —  with  a 
Herculean  power,  which  astonished,  while  it  enraged  them.  And 
here  is  the  secret  of  the  deep  and  deadly  hatred  that  has  followed 


324  APPENDIX. 

him,  in  all  his  public  course,  and  been  brought  to  a  crisis  in  the 
late  events.  He  was  a  seceder  from  the  ranks  of  aris- 
tocracy ;  and,  henceforward,  he  was  a  doomed  man.  But  not- 
withstanding all  this,  no  man  in  Rhode  Island  ever  had  so  deep 
a  hold  on  the  affections  of  the  people ;  and  no  man  ever  so  well 
deserved  them. 

Among  his  public  acts  may  be  reckoned  his  exertions  in  behalf 
of  Schools,  by  which  he  rendered  his  native  State  essential  ser- 
vice. He  also  brought  about  some  important  reforms  in  the 
banking  system.  He  introduced,  and  carried  through  the  Legis- 
lature, a  Bill,  appointing  a  Board  of  Commissioners,  to  examine 
into,  and  investigate  the  affairs  of  Banks;  to  ascertain  the  exact 
amount  of  specie  in  each  bank  vault;  the  law  requiring  that  the 
returns  should  be  prepared  on  the  same  day,  and  at  the  same 
hour  of  the  day,  so  that  there  should  be  no  loaning  of  specie,  in 
order  to  make  a  false  exhibition  of  its  amount.  Had  this  act  re- 
mained in  force,  the  great  frauds  in  Rhode  Island  could  never 
have  taken  place.  The  act  was  repealed,  and  it  may  be,  for  that 
very  purpose. 

In  conclusion,  I  would  ask,  if  all  the  persecution  of  the  Alge- 
rines  has  reflected  one  particle  of  dishonor  upon  its  subject  ? 
Does  that  prison,  vile  and  loathsome  as  it  is,  connect  any  disgrace 
with  its  illustrious  inhabitant  ?  No.  A  glorious  light  irradiates 
its  hoary  walls,  such  as  seldom  ever  shone  upon  the  walls  of 
palaces  —  the  light  of  tried,  suffering,  and  triumphant  virtue. 
In  this  incorruptible  light  shall  live  the  name  of  Thomas  Wil- 
son Dorr  ;  while  those  of  his  persecutors  shall  only  be  rescued 
from  oblivion,  by  the  indelible  disgrace  to  which  they  are 
doomed. 


# 


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